Family of Staten Island Man Killed in Accident Sues
The family of Joseph Cesario, who was killed crossing Richmond Avenue on his way to work, has started a lawsuit against the alleged drunk driver that hit him, the Staten Island Advance is reporting. Mr. Cesario was killed on June 1, 2008 while crossing Richmond Avenue to catch a bus for work. He was hit by a car driven by Andrew Douglas, who was purportedly drunk at the time of the accident. Although a grand jury declined to indict Mr. Douglas on criminal charges, he still must answer to a civil jury. His brother, Frank Cesario, filed suit last week, according to his Long Island-based attorney, Stephen Kressel.
The burden of proof between a criminal case and a civil case is vastly different. In a criminal case, the evidence against the purported wrongdoer must "beyond a reasonable doubt." This is a very high standard which, to the public, sometimes makes it seem that guilty people go free. The burden in a civil trial is much lower, known as "a preponderance of the evidence." Simply put, the "scales of justice" have to tip, ever so lightly, in favor of one party or the other. The higher burden of proof in a criminal case ensures that our freedoms are protected as we would rather have 10 guilty escape than have one innocent suffer.
Despite a grand jury refusing to indict Mr. Douglas, the facts of the accident don't change: Joseph Cesario was hit and killed by Mr. Douglas', accidentally, when he was just crossing the street on his way to work. Mr. Douglas stayed at the scene of the accident and witnesses even said that Mr. Douglas had the right of way and wasn't swerving or driving aggressively. However, what I can't understand are the all too frequent reports of Staten Island pedestrians being struck and killed by cars. In this instance, it doesn't seem to be a question that Mr. Douglas was drinking. It seems that the criminal case was for DWI, which requires a blood alcohol level of 0.08 in New York. Apparently, Mr. Douglas was below that threshold but what the question is, did the alcohol slow down his reflexes enough that he couldn't avoid the accident? People need to think of the consequences when drinking and driving, even if your blood alcohol level doesn't rise to the legal limit.
