Certainly, any fatal car crash can result in serious economic as well as emotional losses for the loved ones left behind. Too often, these crashes are caused by drunk drivers who decided to get behind the wheel when they were in no condition to do so.
When a victim leaves behind children, families can experience not just profound grief. They face the overwhelming financial responsibility of raising those children and helping them heal emotionally and possibly physically if they were in the vehicle as well.
Kentucky is among the states that have enacted a law in recent years that allows judges to hold impaired drivers responsible for providing “restitution in the form of financial support” for the minor children of a parent or legal guardian if the crash caused by their driving under the influence resulted in their permanent disability or death. It can also be ordered if the person killed or permanently disabled had any other dependents.
How is the amount of restitution determined?
The judge can order restitution at the driver’s criminal sentencing. The amount of restitution is based on several factors, including the child’s:
- Financial needs (including educational expenses, child care, medical and psychological care)
- Previous standard of living
- Physical and emotional condition
- Family’s financial resources as well as any inheritance they receive
The financial resources of the person ordered to pay the restitution are also a factor in determining the amount of restitution.
How long does restitution last?
Restitution is typically paid until the child turns 18. That can be extended to 19 if they’re still enrolled in high school at 18.
Most defendants ordered to pay restitution are also sentenced to prison for a time. That doesn’t relieve them of their financial obligation – even if the child is a legal adult when they’re released. It simply allows it to be delayed.
Under the law, restitution must begin no more than a year after release from incarceration. The full amount is still owed. The law states that the driver must have a “payment plan to address any arrearage.”
It’s crucial for family members of those killed or permanently disabled by an impaired driver to know that this restitution may be available if their loved one was a parent or legal guardian. While it can’t undo the damage, it can potentially help ease the financial burden for the family.