Although the DUI crash that killed Pennsylvania State Senator James Rhoades occurred over two years ago, the case's is currently on trial. Prior to the filing of the criminal charges last year, Rhoades's son-in-law, a PA personal injury lawyer, threatened to file a wrongful death lawsuit against the driver.
Senator Rhoades was killed in 2008, when his Cadillac was hit by an allegedly drunk driver. The driver, Thomas Senavitis, was charged with vehicular homicide and is currently sitting trial on those charges. Senavits, a mechanic from Kunkletown, denied all responsibility for the crash but claimed that he anticipated criminal charges, given the high-profile of the victim.
Several months after the accident, Rhoades' son-in-law Christopher Hobbs, in his capacity as a PA personal injury attorney, sent a letter to Senavitis as well as to Senavitis' wife, Dolores, stating that a personal injury lawsuit had been initiated. Hobbs' letter urged the couple to furnish said letter to their insurance carrier.
Although reports indicate that no lawsuit was ever filed, it's not unforeseeable, given the fact that a smart PA personal injury attorney might wait until the criminal trial is over. Although a criminal trial and a civil personal injury suit are distinctly different, they relate to a common issue and the verdict in one might help the verdict in the second one.
The key difference for a PA personal injury attorney is that the personal injury trial has a lower threshold for evidence. That essentially means that the burden of proof is much lower for the PA personal injury attorney than it would be for the PA DUI attorney. While the PA DUI attorney needs to negate guilt under the "beyond a reasonable doubt" standard, the PA personal injury attorney would only need to show a preponderance of evidence in their favor.
For more coverage on the Rhoades crash DUI trial, follow the coverage on the Philadelphia DUI Law Blog.
Related Resources
- Driver in Rhoades crash expects charges, suit (Pocono Record)
- Wrongful Death (FindLaw)
- The Philadelphia DUI Blog (FindLaw Network Blogs)
