fatal accident

patty1 · #1 04-19-2006, 07:02 PM

recently my son was killed in puerto plata. he was stopped infront of the resort he was staying at ready to make a left hand turn and was struck from behind by a truck. i would like to know what the law is in the dominican regarding charges against the driver and what steps are taken and what the consequenses are if found guilty. is there a trial?

Ken · #2 04-19-2006, 07:04 PM

Very sorry for your loss. Having lost a son in a traffic accident, I know what a blow this is.

You will get a lot of opinions, but wait for Fabio Guzman, the lawyer who answers questions in this section.

canadian bob · #3 04-19-2006, 07:19 PM

Our sincere condolonces. We also lost a son in a Canadian traffic accident. Only time will soften the blow... Canadian Bob.

patty1 · #4 04-19-2006, 07:34 PM

thanks for you reply. we just had his funeral on sat. the 8th. now i want to find answers! i did fly to puerto plata to help get him home and found the conditons awful as far as his care. while laying in the street his pockets were picked clean and he was sent to the a medical clinic and then a hospital in the back of a truck and then a taxi cab. then his wife and friends were threatened with their lives if they didn't pay the cab driver for time lost cleaning blood from the cab. many other things that happened. awful experience for us all around and would never set foot in that place again except i need to do it if there is a trial. i am sorry for your loss as well.

MrMike · #5 04-19-2006, 07:54 PM

Terribly sorry to hear about your tragedy.

In my opinion there is very little chance you are going to get anything resolved legally, transport unions are pretty powerful down here and they look out for their own.

You will most likely not even be able to get the driver's insurance company to cough up anything unless you are willing to go through red tape for several years.

An employee of mine killed a couple of people once in a traffic accident, he was driving a car, they were on a moped. Aside from spending the night in jail and obviously being pretty shook up about being responsible for two people's deaths the only recrimination he really worried about was from the victim's families directly, he kind of had to stay hard to reach for awhile until things cooled off.

It is indeed a very horrible thing that happened to you, but it would basically be a miracle if you were to see anything resembling justice done.

Rocky · #6 04-19-2006, 08:41 PM

My deepest condolences for you and your family.
This is a terrible thing and not all that uncommon, as many vehicles have bad brakes and bad tires.
I am sorry to say that MrMike's reply to you is spot on and that you would pretty much be wasting your time and money to pursue this legally.
I know that this is not what you wanted to hear, but it is true.

Hillbilly · #7 04-19-2006, 10:03 PM

I am truly sorry for your terrible loss. Please do not think that bad of this place, as this happens to Dominicans who are injured in accidents, too.

As far as getting restitution, I would certainly hire a lawyer to pursue the case. Mr. Guzmán, who posts onthis board is certainly one to look at.

What will happen, in all probability is that the insurance company will settle or try to settle out of court.

This is just one more reason why we tell everyone-DO NOT DRIVE HERE, IF YOU CAN AVOID IT

The laws are arcane and the conditions are extremely unlike anything in North America (excepting México, of course).

HB

macocael · #8 04-19-2006, 10:29 PM

I would tentatively suggest that you go with Hillbilly's recommendation on this one. While I agree with the other posters that any real justice is unlikely, one never knows, particularly if enough pressure is brought to bear (in many ways, not just through your lawyer. Raise a stink!) Also I think that sometimes grief needs an outlet, and doing something, however uncertain the results, is better than doing nothing and just shrugging one's shoulders. One reason that nothing serious is done about the ridiculous traffic accidents down here si that people tend to shrug their shoulders. Many drivers do not have legal licenses, many do not have appropriate training and simply dont pay attention to the road, and many drive impaired by alcohol or by useless brakes, bald tires, and so on.

Cases like this, particularly when a tourist is involved, since tourism is the life's blood of the country, can serve as a wake up call. I say raise the roof.

laurapasinifan · #9 04-19-2006, 10:44 PM

I will say that if anyone told me to forget it , thier advice would fall on deaf ears. A loved one is lost forever!..hes not hurt or having to pay for an exspensive car he has lost his life, and there is little to rest ones soul, save for fealing that justice was SOUGHT. if they spent $50K trying to pursue this is that too much? their son is lost forever.....how can a parent throw up their arms and say OH WELL...............It would never happen to me thats for dam sure. hook or crook someone will pay or hang.

it is one thing to suggest that the system will be tough to get justice out of. heck they could bribe the judge themselves to bring this case to court....bribes arent for the bad guys only!!!!!!!!!!!!

justice is served in this country for those who seek it......its just a matter of how much you SEEK it. Sure this isnt a country for the meek......

for sure they should be SCREAMING in their consuls ears, and being the biggest pain in the azz they can.

there is no loss of pride to seek recourse in a matter like this

bob

Rocky · #10 04-19-2006, 11:01 PM

I have known too many people who have wasted time and money suing in the Dominican courts.
Even when they get favorable decisions, they still can't collect.
It's futile.
Criminal proceedures are the only way to get a tiny bit of justice, and you would be lucky to keep the guy in jail for 1 week.