A Warrington man, Martin Timothy Glover, killed in the DUI hit and run pedestrian car accident on County Line road in Warrington on June 22, has been identified by NBC News. A preliminary hearing for Duane Davis of Telford, PA was set for today. Homicide by vehicle charges have been filed against Davis, the driver of a vehicle involved in the deadly hit-and-run crash that occurred early Saturday morning around 2 a.m. Police allege that 53-year-old Davis fled the scene of the crash and was intoxicated. Davis was later taken into custody at his residence in Telford and arraigned before the on-call Magisterial District Judge. Bail at $50,000.
Criminal DUI Hit and Run Charges
Tragically, many accidents are a direct result of operators of vehicles driving under the influence. These accidents can result in serious criminal charges, including homicide by vehicle while driving under the influence which is a second-degree felony. As of February 1, 2019, if someone had been convicted of a prior DUI, the minimum sentence for causing death is five (5) years.
Can the estate file a civil lawsuit in addition to criminal charges?
In addition to the criminal charges, the estate of the victim may pursue a civil claim against the DUI hit and run driver. If the estate of the deceased desires to pursue a civil claim, the attorney for the estate should work closely with the prosecuting attorney so that they are aware of the charges and any admissions of guilt. The criminal outcome will greatly influence the position the insurance company takes for the estate’s claim for wrongful death and/or serious personal injuries. For the estate to pursue a financial recovery, the estate’s attorney should put the insurance company for the DUI driver on notice of the claim and determine the amount of coverage available. Sometimes the insurance company will not divulge this information unless it is a minimal policy or well below the value of the case. Depending on the amount of coverage, an investigation should also include the amount of assets owned by the DUI driver. Lastly, the attorney should determine whether the decedent carried uninsured or underinsured motorist coverage under his or her policy. Because this is a very tragic event, communication and empathy and sympathy with the family is paramount. They need to understand the process of how the claim will proceed step by step.