Brian Lee Riley of Topeka, Ks, was found to have an alcohol level of 0.166, more than twice the legal limit, when his Honda Accord drove off the highway, killing himself and 13-month-old Kylynn gunter. According to Donald L. Pojman, the shawnee county district coroner, Riley had no drugs in his system. Riley was pronounced dead on the scene at the 3700 block of N.W.Rochester rd. The Sheriff's Office reported Riley had two passengers, the 13-month Kylynn Gunter, and her sister, 12-year-old Loren Gunter, who survived the attack. Riley was an acquaintance of the two girls mother, Kristen Gunter-Massey, taking them back home from an auto parts store at the time of the accident.
Sheriff Herman Jones said Riley had left his residence to go to an auto parts store. Riley was on his way home when the accident occurred. According to the autopsy report, he was partially ejected from the vehicle. His death was due to atlanto-occipital separation and a fracture of the mid cervical spine. He was found between the vehicles A frame and the door frame. Loren gunter had not been wearing a seatbelt, while Kylynn Gunter had been in improperly restrained in a child safety seat. No criminal charges were filed, and the investigation has been closed.
Vehicle accidents are often due to negligence. A person is found to be negligent if they had a duty of care, they breached that duty and the breach was the cause of the wrongful death. In vehicle cases, drivers owe a duty of care to their passengers and everyone else on the road. Driving intoxicated would certainly breach that duty.
The knowledgeable St. Louis personal injury attorney’s at Meyerkord & Kurth have more than a century of combined experience, and an outstanding proven track record of success with vehicle accidents, and wrongful death claims.. Likewise, our attorneys understand that you and your family’s safety is a top priority, and will vehemently fight to make sure you receive the compensation you deserve. Please contact our office as soon as possible regarding your vehicle accident case, so we can put our skill and expertise to work for you. Please contact us at (314) 300-3000 or (800) 391-4318 for a no-obligation assessment of your potential motor vehicle case.
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