Houssain Fulladi is exercising a legal right that no one ever wants to exercise: his right to sue for the wrongful death of his child. In May of 2010, his son Mohammad was killed when the truck he was riding in ran off the road and flipped near Huntsville. The truck's driver and other three passengers were also injured.
The case illustrates the many legal proceedings that can stem from one incident. The driver of the truck has been charged with one count of murder and three counts of assault, which are criminal charges brought by the state. In addition to those criminal charges (for which the driver could face prison time), the individuals who were injured could likely sue the driver for the damages that resulted from their injuries, as well.
Historically, there was no legal remedy for families who lost loved ones in fatal accidents. That's why Alabama-like every state in the country-has enacted a Wrongful Death statute. These statutes create a right to compensation for the families of those wrongfully or negligently killed.
Under Alabama's Wrongful Death statute, the personal representative (either an executor of the person's will, or the administrator if there is no will) has two years from the date of the death to bring a wrongful death lawsuit. If the lawsuit is successful, the family may be entitled to punitive damages, a money award that is not so much designed to compensate the family as it is to deter the defendant-and others-from making the same mistake.
If, as is the case here, the person died as a passenger in a motor vehicle, Alabama law says that the driver cannot be held liable for the injuries or death of any passengers unless the passengers had paid to ride (i.e. such as in a taxi or bus). However, this law makes an exception when the driver engaged in "willful or wanton misconduct." This may be the situation in Mr. Fulladi's case, where it was reported that the driver was drunk and high, in addition to being a reportedly bad driver.
Following an accident like this, it can seem very difficult to consider taking someone to court over it. But Alabama's lawmakers have provided legal recourse for the families of those killed due to negligence or wrongful acts. Anyone who has lost a loved one should talk to an experienced personal injury attorney to preserve their legal rights.
