Porsche Driver Charged After Driving into a Crowd in Boise
The driver, Roy Drennon, was charged with one misdemeanor of reckless driving. He could face up to six months in jail and a fine of up to $1,000.
It took several months to bring charges against Drennon because they had to wait on toxicology results and crash reconstruction. Court records show that Drennon has at least eight driving related citations in Alaska, and seven of them involved speeding.
Right now, only one victim is pursuing civil charges against Drennon.
Comments from Allen:
Give it time. 11 will pursue civil charges against Mr. Drennon.
I am going to use this crime of Mr. Drennon to demonstrate how Idaho's tort reform law and reckless conduct affect each other.
I have frequently heard clients charged with drunk driving ask if their charge can be "reduced" to reckless driving. Sometimes the answer is "yes." However, there are extreme civil consequences to pleading "guilty" to reckless driving if someone is hurt in a crash. One consequence, in Idaho at least, is that any person injured by your conduct does not have their "pain and suffering" damages reduced by Idaho's cap on non-economic damages. Right now, that cap is about $345,000. If you hit someone while driving recklessly, their pain and suffering damages are not limited by that cap.
Additionally, punitive damages in Idaho are only allowed in extreme circumstances. One of those extreme circumstances is reckless driving on the part of the person who caused the accident.
Let me give you a real-life example of how this works. Driver A is a cheerful, pleasant lady minding her own business driving down a highway. Driver B works for a billion-dollar international truck company, stops at an intersection, then negligently proceeds forward, not realizing his large truck is going to impact Driver A's little sedan. Driver B drives into Driver A and, due to highway speeds, crashes into the sedan and cuts it in half. Driver A's face is smashed, the left side of her body is cut up badly, and when the EMT's arrive they believe she is dead until they hear breathing sounds coming from what appears to be a bloody corpse.
After months of medical procedures, Driver A once again looks human but no longer pleasant. She has an IQ of 60, suffers constant headaches and now has tourette syndrome, so no one wants to be around her. She can barely walk with a walker. She is 30 years old.
What are her pain and suffering damages? Idaho says she is limited to $345,000 for a lifetime, 52 years, in her case. Thanks, Idaho legislature; this woman is limited to damages of $6,634 per year for a lifetime of being stupid, ugly and offensive, because even though the defendant has millions in insurance, tort reform legislation says there is a cap on pain and suffering damages.
If, however, in that example, the truck driver impacted Driver A while engaged in reckless driving, there would be no cap on the non-economic damages, which might well total several million dollars. In addition, damages caused by reckless driving subject the liable party to punitive damages, which might be three times the other damages suffered by the victim.
Keep that in mind if you are injured by a drunk driver or reckless driver. Your damages can be greatly affected.
Give it time. 11 will pursue civil charges against Mr. Drennon.
I am going to use this crime of Mr. Drennon to demonstrate how Idaho's tort reform law and reckless conduct affect each other.
I have frequently heard clients charged with drunk driving ask if their charge can be "reduced" to reckless driving. Sometimes the answer is "yes." However, there are extreme civil consequences to pleading "guilty" to reckless driving if someone is hurt in a crash. One consequence, in Idaho at least, is that any person injured by your conduct does not have their "pain and suffering" damages reduced by Idaho's cap on non-economic damages. Right now, that cap is about $345,000. If you hit someone while driving recklessly, their pain and suffering damages are not limited by that cap.
Additionally, punitive damages in Idaho are only allowed in extreme circumstances. One of those extreme circumstances is reckless driving on the part of the person who caused the accident.
Let me give you a real-life example of how this works. Driver A is a cheerful, pleasant lady minding her own business driving down a highway. Driver B works for a billion-dollar international truck company, stops at an intersection, then negligently proceeds forward, not realizing his large truck is going to impact Driver A's little sedan. Driver B drives into Driver A and, due to highway speeds, crashes into the sedan and cuts it in half. Driver A's face is smashed, the left side of her body is cut up badly, and when the EMT's arrive they believe she is dead until they hear breathing sounds coming from what appears to be a bloody corpse.
After months of medical procedures, Driver A once again looks human but no longer pleasant. She has an IQ of 60, suffers constant headaches and now has tourette syndrome, so no one wants to be around her. She can barely walk with a walker. She is 30 years old.
What are her pain and suffering damages? Idaho says she is limited to $345,000 for a lifetime, 52 years, in her case. Thanks, Idaho legislature; this woman is limited to damages of $6,634 per year for a lifetime of being stupid, ugly and offensive, because even though the defendant has millions in insurance, tort reform legislation says there is a cap on pain and suffering damages.
If, however, in that example, the truck driver impacted Driver A while engaged in reckless driving, there would be no cap on the non-economic damages, which might well total several million dollars. In addition, damages caused by reckless driving subject the liable party to punitive damages, which might be three times the other damages suffered by the victim.
Keep that in mind if you are injured by a drunk driver or reckless driver. Your damages can be greatly affected.
***********************************************************************************************************************
Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.
Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:
Comments
Post a Comment