Hit and Run In Philadelphia - Enough Is Enough! Penalties Need More “Teeth”
On May 5, 2009, Arthur Burrus, age 49, tragically lost his life to an intoxicated hit and run driver. According to news sources, Luciano Rios, 30 years old, from Croyden, PA fled the initial scene of the accident, struck a barrier flipping his BMW, struck another car and twice more tried to escape police. Rios was speeding east on Erie Avenue in Philadelphia, PA at 8:30 p.m. when he struck Mr. Burrus who was walking southbound across Erie at 9th Street. Mr. Burrus was struck with such force that he was thrown 173 feet into the air and severed one of his legs, causing the 2007 BMW operated by Mr. Rios to go out of control secondarily striking a Dodge Durango occupied by 6 other people and then turned up right. A search of the criminal docket reveals that on February 19, 2005, Luciano Rios was also previously charged with DUI with a blood alcohol content of .10 to .16 to which he pled guilty.
I am noticing an interesting trend in my practice noting with particular interest that in the last few months we have seen many cases involving repeat DUI offenders with minimal insurance coverage or no insurance at all where innocent victims have been catastrophically injured or killed. In one of our recent cases, a gentleman with a substantial criminal record was traveling northbound on a highway at a high rate of speed while intoxicated and his vehicle flipped over, crossed the highway, killed the driver of the vehicle and placed the passenger in a vegetative coma.
Alcohol-related motor vehicle crashes kill an individual approximately every ½ hour and non-fatally but catastrophically injure someone in America every 10 minutes. Individuals driving while intoxicated, otherwise known as DUI, are responsible for more than 1/3 of all traffic deaths in this country. Believe it or not, the current law actually benefits those who leave the scene of an accident when intoxicated.
Although Mr. Rios left the scene of the Arthur Burrus accident, he was thereafter apprehended. However, if he left the scene of the accident and reported it the next day, he would have faced a sentence far less than the sentence he will receive due to his apprehension. He was first sentenced for DUI a few years ago. His sentence was 4 days to 6 months and a fine of $1,232.00. Of course, this hit and run car accident lawyer sees the most catastrophic incidents that result from driving under the influence. I feel that DUI punishments and hit and run accident penalties need to be much tougher and have more “teeth”. DUI and hit and run accidents tear families apart. Many states have enacted harsher sentencing guidelines for drivers with prior drunk driving convictions. Currently, Pennsylvania has a significant loophole. The sentencing guidelines indicate that for a second DUI offense involving the death of an individual, the maximum amount of time that Mr. Rios could be sentenced is 3 to 6 years. The hit and run car accident lawyers of Reiff and Bily feel that anyone operating a vehicle while under the influence for a second or third offense is no different than a man carrying a gun who kills someone where the penalty is much higher. With the rate of hit and runs and recidivism rate on the rise, minimal prison sentences and fines are not strong enough.
If you or a loved one has been injured in a hit and run accident or car accident, please contact one of the experienced Philadelphia hit and run accident or car accident lawyers at Reiff and Bily for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.