When someone is killed in a hit-and-run accident, it is natural that officials and the general public would want to identify the exact person who caused the car crash. An investigation into a fatal Texas crash that occurred on Monday has led police to a suspect, but will the evidence be enough to support a criminal conviction or an effective wrongful death lawsuit?

This is a personal injury blog, so we always like to support the idea that justice will be found on behalf of the victims of any accident caused by negligence. When the victim was allegedly killed due to drunk driving and a hit-and-run, the desire to catch the careless party is especially strong.

But it is worthwhile to ponder some potential difficulties from a legal standpoint. The above-mentioned accident was a hit-and-run, and officials believe that the driver was driving drunk at the time of the crash. It was when officials found a license plate at the scene of the accident that they had a lead to find the supposed driver. But will they be able to prove that they know the identity of the driver?

The license plate reportedly first led police to the owner of the involved vehicle. He claimed that a friend of his had been driving the car. That's a point that will need to be confirmed. Police did find the owner's friend, and when they did he was reportedly at home, asleep.

Based on the news report that says the suspect is charged with DWI, police must have found that the sleeping suspect was legally intoxicated. A question develops here as well. If they found the suspect outside of the vehicle, how do authorities know that he didn't get drunk after the accident?

These questions are important to ask because they will be important for officials to answer in order to hold the negligent party accountable for his actions. An effective investigation and case would make it easier for any surviving family to confidently move forward with their own wrongful death suit should that legal route interest them.

Source

Kwtx.com: "License Plate Found After Deadly Texas Hit-And-Run Leads To Arrest," Jan. 24, 2012