Nicolet Law Office, S.C.

Mother not happy with results of criminal trial in fatal accident

A mother who is still mourning the loss of her daughter feels as though the family is being victimized a second time. Her daughter was taken from her in a fatal accident in Aug. 2012 here in Wisconsin. Now, the court has decided that the man responsible for the crash was not in his right mind at the time of the accident.

The driver in question claimed he was being chased by demons on that day in August. He got behind the wheel of a car to flee from the supposed specters and that is when he encountered the mother's daughter. He ended up driving into oncoming traffic directly into the path of the victim. She was unable to avoid the collision that took her life.

The man pleaded no contest to killing the woman by negligently operating a vehicle. A psychiatric evaluation was done, and based on the results, the criminal court judge ruled that he was not legally responsible for the accident. It has been recommended that he be sentenced to treatment and the judge indicated he might make his judgment based on that recommendation. If so, his treatment would be in the community, not in a locked facility.

The family may not have received the justice they desired through the Wisconsin criminal court system, but they may find some sense of closure through a civil action. A successfully litigated wrongful death claim could result in a verdict that he is financially responsible for the victim's death, which they may need in order to start their healing process. In addition, any financial restitution received could help with any monetary losses the family incurred as the result of her premature death in this tragic fatal accident.

Source: therepublic.com, "Man found not mentally responsible for fatal Sauk County crash may remain free", , June 24, 2014

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