Thursday, February 26, 2009

Worse before it gets better.

We saw Kendra's doctor yesterday, to follow up after the emergency room visit. She did a very thorough exam and then she sat and talked with us about the physiology of whiplash.

She told Kendra that she will feel worse (usually 72 hours after the accident) before she begins to feel better. Use the medications given to help with the soreness and pain. Warm soaking baths and/or showers. heating pads and eventually (once some of the bruising is gone) massage. She warned of relapses in muscle stiffness and muscles seizing up that could occur over the next year or so. And how to combat these things. It was a good visit and Kendra is now armed with ways to help herself through these injuries.

We found out a bit more about the perpetrator. He is 37 and this is his "first" offense. Here in Alabama, they have a law that prevents them from searching this sort of prior beyond five years back. So if you can keep yourself out of trouble for five years, you reset your misdemeanor clock (eye roll). He suffered a broken nose, arm and a "star" fracture of the ankle. He was taken to the hospital in Montgomery where he is under police watch. Once he is released from the hospital he will be arrested. His other passengers escaped injury.

My brother (a police officer in Phoenix) is urging us to pursue a civil claim against this guy. He says that the sentencing that will occur through the state's case will not be enough to deter this man from driving intoxicated again. I know that our insurance company is planning to sue this man and his insurance company (if he has one) for all costs associated with this accident as well as for an award for Kendra's "pain and suffering." Is that enough? Or should we pursue a private civil claim as well?

As a first time offender, his maximum sentencing could be up to 365 days in jail, loss of his license for 90 days, fines not to exceed $2100.00 and mandatory substance abuse program. Is that enough?

4 comments:

Teresa said...

I know I haven't commented in awhile but then I haven't written in my blog for awhile ~ but, I think you should follow up with the civil suit.
My Partner's niece Shyanne ~ she was 7 years old. Was hit by a teenage drunk driver and killed. The boy, and yes he was a boy (all of 16 years old and driving without a adult much less he was drunk off his you know what) got away with hardly any penalties. His family wound up having to move a few counties away and what's tragic is less than a year from this happening to her niece, he was drunk driving again and this time he killed a mother and her young daughter.
Drunk drivers deserve NO sympathy. They should have to pay like anyone else that commits murder and to me that's just what it is MURDER. In your daughters case attempted murder.
I am so very sorry about the accident, the higher power was very definitely watching over her.
Hugs, Teresa

Beth said...

I can't say much about this, because it wasn't my daughter who was hit. The guy was obviously in the wrong, but no one was killed (thank goodness)...of course, I think he needs to have his license suspended for a while, the mandatory program, time in jail, etc. The insurance company plans to sue for all costs, including Kendra's P&S...if, as your brother says, that won't be enough to deter the guy from doing this again, by all means pursue the civil case.

Please keep us posted, and I hope Kendra won't have too much pain in the coming days and months.

Hugs, Beth

Bucko (a.k.a., Ken) said...

I would pursue the civil side as well, this person needs to never drive drunk again.

friedmsw said...

I am so sorry that Kendra is having to go through all of this...as well as the rest of the family. Being from Alabama, I am well aware of how it goes. As a fellow Alabamian, I would encourage you to look into filing a civil claim against this guy. He needs help, but sounds like he first needs a really hard swift kick in the a$$!!