A couple was riding in the car that crashed in this Milton, Delaware accident. The husband was driving, and he was killed. The wife was seriously injured and reportedly in critical condition. Charles Moore Jr. was 51 years old and lived in Milton. Ruth is 45.
According to WDEL.com, police believe that Charles was going at a high rate of speed down Milton’s Cedar Creek Road. He apparently lost control, traveled off of the road, and slammed into a utility pole. This happened on Friday night, February 7, 2014.
The reason for believing that Moore was driving fast was not stated. And that is ambiguous language, anyway. To show negligence on his part based on speed, you would need to show that he was speeding or otherwise driving unreasonably fast under less-than-ideal road or weather conditions. That has not been established yet but might be by an accident reconstruction.
Usually, a passenger can sue a driver in the same car if that driver was negligent and caused the accident to occur. However, there is sometimes an exception for spouses. So without looking at the policy, we can’t be sure whether Ruth would have a cause of action under any liability insurance covering this vehicle. But if she does, then she would have to show that Charles carelessly or recklessly caused the crash in order to collect compensation from the insurer. The exception to this would be if the Moore couple purchased personal injury protection. This would usually cover both spouses and without any proof of fault.