Franklin, NJ – Wayne Doharty Killed by DUI While Fixing Tire on Rt 55 Near MM 43.6NY/NJ Legal News
Franklin, NJ (July 08, 2022) – A out-of-state driver was fatally struck by a suspected drunk driver as he was attempting to fix a tire on Thursday, July 7th in South Jersey.
40-year-old Wayne Doharty, a resident of Philadelphia, was killed at about 12:30 a.m. in Gloucester County.
An investigation determined that Doharty was traveling northbound on Route 55 near mile marker 43.6 in Franklin Township when his vehicle experienced an unspecified tire malfunction and he pulled off the roadway to fix it.
That’s when the driver of a northbound pick-up truck, 48-year-old Brian Caldwell, a resident of Cape May, failed to maintain his lane of travel and hit the back Doharty’s vehicle, as well as Doharty himself.
Caldwell was charged with death by auto and driving under the influence.
We would like to offer our deepest condolences to the family of the deceased victim, Mr. Wayne Doharty, at this time.
Drunk Driving Accidents in New Jersey
Personal injury lawsuits against drunk drivers are subject to numerous limitations, and winning your lawsuit is only the halfway point of your fight.
Unfortunately, a court-ordered judgment is only helpful if the defendant is able to pay. More often than not, however, the driver is unable to pay the damages on their own so, once again, it becomes a matter of insurance.
Similar to any other accident where Personal Injury Protection benefits come into play, a victim may only sue a drunk driver for non-economic losses, those arising from subjective, non-monetary damages, if they sustained a permanent injury such as dismemberment, disfigurement, death, or the function of or loss of a body part.
The law divides damages into two categories: compensatory, which are intended to compensate the victim, and punitive, which are intended to serve as a punishment for the defendant and a warning to others.
The permanent injury condition that applies to non-economic damages still applies in cases involving drunk drivers.
Punitive damages are obtainable in New Jersey only when the negligent party behaved with willful and deliberate indifference to the safety of others.
If you were hit by a driver under the influence, contact a car accident lawyer from Metro Law by calling (800) 469-6476 to see how we can help you.
Notes: Outside sources were used in the creation of this post including news bulletins and first-hand accounts of the accident and injuries involved. As a result, the details of the accident presented have not been independently verified. If you have identified any false information in the story or would like the post to be removed, please inform us immediately, and we will correct the information or remove the post.
Disclaimer: As a member of the local community, we at Metro Law strive to improve the overall safety and quality of life for everyone who lives in our beloved state. We are extremely saddened by these accidents but hope that through an awareness of these dangers, those in our community will take precautions to avoid these accidents. This is not a solicitation for business, and this information should not be misconstrued as medical or legal advice. We wish only the best and quickest recovery to all those involved in the accident. The photos depicted in this post are not from the actual accident scene.