DUI-Manslaughter Convict Sues His Dead Victims

February 15, 2012

A Florida man convicted of killing three people while driving under the influence of alcohol is now suing the deceased for his own pain and suffering, mental anguish, loss of capacity for the enjoyment of life, and the medical bills he incurred as a result of a crash he pleaded guilty to causing.

First, let me start off by saying that I can’t imagine any sane lawyer would pursue this case. I find the suit meritless for the reasons I will discuss below. Further, it contributes to the distain that people who don’t truly understand what I do already have for “drunk driving lawyers.” I hope that people who read this article understand the only reason Attorney Tuomey took on this case is that the convict is her brother, David Belniak.

Without even addressing the moral issue of insensitivity (putting it mildly), I find two major legal problems with this lawsuit. First, Belniak pleaded guilty to three counts of DUI-Mansalughter; one count for each deceased person he is now suing. Under Florida law, a person is guilty of DUI-Manslaughter if while driving under the influence of alcohol he causes the death of another as a result of said driving under the influence. Thus, he admitted, under oath, that he caused the three deaths. End of discussion. This is called issue preclusion. He admitted that his operation while under the influence directly caused the three deaths, and the court determined beyond a reasonable doubt that to be the case, so he is now precluded from arguing in a civil hearing that the deceased more likely than not (the civil standard of proof) was in fact the cause, rather than him. Even if he wanted to argue that the other driver’s negligence was a contributing factor, his admission that he caused 3 deaths because of his drunk driving cannot be re-litigated.

Even if Belniak could argue that one of the deceased caused the accident, the damages that he is suing for are superfluous, weak, and desperate. In order to collect for his “injuries,” Belniak must show that a reasonable person should have foreseen that his/her negligent driving would lead to a car accident, the result of which would leave him/her dead, law enforecement would then find evidence that Belniak was drunk so as to charge him with DUI-Manslaughter, the result of which would land him a lengthy jail sentence, causing him “injuries” such as pain and suffering, mental anguish, and loss of capacity to enjoy life. Belniak must show that all of these claimed damages were reasonably foreseeable consequences of the dead person’s traffic violation.Good luck.

If you were charged with any criminal offense or motor vehicle violation in Massachusetts, contact my office 24 hours a day, 7 days a week, for your free initial phone consultation:

Law Offices of Benjamin P. Urbelis, LLC
50 Milk St 16th Floor
Boston, MA 02109
617-830-2188

info@urbelislaw.com
www.urbelislaw.com

Client Reviews

"Ben Urbelis recently represented me in an OUI case in which I had crashed my car. I honestly did not believe I had any chance of beating it, but fortunately for me Ben was outstanding and all charges were dropped. In my first hearing he was calm, assertive and straight to the point. I was extremely...

MC

"When I found myself charged with my 3rd DUI I was certain without a doubt that I was facing 6 months to 2 1/2 years in state prison. I can’t believe you were able to guide me calmly through the whole nerve wracking process, never sugar coating anything, staying honest and always keeping me informed...

JL

"I want to personally thank Ben and his wonderful a staff at Urbelis Law for what an outstanding job they did for my son and his friends! Ben went above and beyond for them, with a successful outcome. I would highly recommend Ben to anyone that would need his services, he was wonderful!"

Gina

"Huge thank you to not only my friend, but my lawyer,Ben Urbelis..I presented him with a case that at first was a bit tricky on paper... but we worked hard together and got all information we needed to prove i was innocent! He knew from the get go a year ago that he was gonna smash this case, and he...

PB

"Thank you for your excellent representation in this matter. Coming from out of town, it wasreassuringto have an attorney who was so well organized and on top of the process. It was very clear that the judge was not only familiar with you, but had a great deal of respect for you in the courtroom. I...

RC

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Hablamos Español
Fill out the contact form or call us at (617) 830-2188 to schedule your free consultation.

Leave Us a Message