Updated on: 11/13/2019
There are a number of legal questions that need to be answered relatively quickly in the criminal and civil cases that will likely be brought against Mark Mullan for the DUI collision which caused the death of two adults and severe injuries to another woman and her infant son. The victims need to make sure that their legal advisors are asking these questions and seeking answers. These important legal questions are:
- Why was the court-ordered ignition interlock system not installed in Mark W. Mullan’s vehicle?
- Why is having ignition interlocks installed on a vehicle basically an “honor-system” where drunk driving offenders are responsible for the installation?
- Why does the Department of Licensing require a compliance report on most offenders in order to approve the removal of an ignition interlock device but does not appear to have any compliance reporting to ensure that devises are actually installed in the first place?
- Why was Mark W. Mullan allowed to drive on a suspended license?
- Why did the Washington State Department of Licensing not follow up to see if he had installed his court-ordered ignition interlock?
- Might the State of Washington be partially responsible due to gaps in the DUI laws which made it possible for Mark Mullan to drive a vehicle without the court-ordered ignition interlock?
- Why was Mullan not in a treatment program or incarcerated at the time of the crash? Court records show that the incident that killed the victims and injured their daughter-in-law was Mark Mullan’s third possible DUI in four months.
- What is the likelihood that Mullan will be convicted of vehicular homicide? If so, how much time might he spend in prison?
- How will the pending criminal charges and/or criminal prosecution affect the survivors and their family's right to pursue a civil remedy for damages?
- Did Mark W. Mullan have enough insurance coverage on his 2012 black Chevy Silverado to adequately cover the past, current and future medical expenses that the victim and her son may have as a result of this DUI pedestrian collision?
- How are the hospital bills going to get paid? Are there other types of coverage under the driver's auto insurance policy that might address this need?
- Did Mark W. Mullan have enough motor vehicle insurance to compensate any of the victims' surviving family members who may have a legitimate wrongful death claim?
- What sort of recourse might the victims' loved ones have under civil law?
- What steps should be taken now to preserve evidence and strengthen a potential civil claim for damages?
- Should the Karina and her husband hire their own experts to help preserve evidence and strengthen a civil claim?
- Does Karina and her husband need their own legal representative to protect their rights, or will the prosecutor meet this important need?