September 27, 2022
The family of Katie Palmer has chosen the law firm of Brooks & Radchenko to represent them in their quest for justice and accountability. We are honored to represent the family in this wrongful death case and will fight for their rights via every avenue available.
Our mission in this case is to help the family obtain justice for their heartbreaking loss. As we have seen in so many cases, a personal injury lawyer can be helpful in a civil claim, which is separate from a criminal case brought by the state. Of course, it is our hope that the driver, Cory Foster of Denison, TX, will be held accountable both in civil and criminal courts.
Katie Palmer was a loving daughter, wife, mother, and science teacher. On the morning of April 21, 2020, Palmer was walking on Glenwood Dr. in her neighborhood in Denison, Texas. She was out on a walk with her husband John Palmer when they were struck from behind by an F-250 pickup truck driven by their neighbor, Cory Foster.
Palmer was thrown 75 feet from where she was struck. She was airlifted to a hospital, where she tragically died. Fifty minutes after the accident, Foster blew a .06 blood alcohol content (BAC) on a breathalyzer.
There were several problematic legal issues in the Katie Palmer car accident which we explore below. Ultimately, Cory Foster should not have been driving that morning while under the influence of alcohol, speeding, and blinded by the glare of condensation on the windshield of his truck.
Despite being behind the wheel of the truck that killed Katie Palmer in Denison, TX, and seriously injured her husband John Palmer, Corey Foster was never charged for anything and is not in jail.
Fatal accidents occur in Texas every single day. According to the Texas DPS, in 2021 one person was killed in a crash every 1 hour and 57 minutes, and a person was injured every 2 minutes and 12 seconds. In 2021, there were 4,480 vehicle accident fatalities in Texas, up 15% from 3,896 Texas traffic deaths in 2020. Many of these fatal accidents are not accidents at all - they are preventable acts of negligence caused by distracted, drunk, or otherwise reckless drivers. When these heartbreaking accidents occur, a fatal car accident attorney can help with protecting surviving family members’ legal rights to accountability and compensation.
A wrongful death claim is a kind of personal injury claim filed for someone who did not survive an accident. Texas’s wrongful death statute establishes who can file a wrongful death claim in Texas. Typically, an action is brought by a surviving spouse, parents, or adult children of the deceased. Siblings and grandparents are not allowed to file a wrongful death claim unless they are the named personal representative of the decedent.
A civil claim for wrongful death and personal injury can be filed whether or not criminal charges are filed for negligence or recklessness. Liability for wrongful death is determined solely by financial compensation. Unlike criminal cases, damages available for wrongful death in Texas include:
There are a number of issues with the Katie Palmer accident case. Beyond the facts of the accident itself, it is very concerning that Grayson County law enforcement and local government, including District Attorney Brett Smith, failed to take action against Cory Foster in this case. There was so much evidence to support that his actions behind the wheel of his Ford F-250 truck caused Katie’s death and John’s injury:
While Katie’s case is horrific, there are many other instances of innocent victims being struck by drunk and distracted drivers without criminal consequences. Every accident has its circumstances but unconscionable negligence is, unfortunately, a common theme.
If you have been affected by a devastating loss, with or without criminal consequence, we urge you to pursue every avenue available for accountability and justice. We are committed to Katie’s civil case, and everyone who has had a story with similarities or parallels. If we can be of any help, we urge you to contact us for a free and confidential consultation.
It does not provide legal advice. The scenarios described in this website are intended to demonstrate legal principles involved with representation in the type of case described. Any current or former clients quoted or specifically identified in these materials have reviewed the firm on a third-party website or platform, such as Google, without compensation. Every legal case is different. Specific past results are not indicative of specific future results. Any information contained herein pertaining to experience or familiarity with particular courts or government agencies should not be construed as an ability or willingness to exert improper influence over the legal system. All services described in these materials and provided by Radchenko and
Brooks, LLC, and its attorneys, are only performed in compliance with all applicable laws and the Texas Rules of Professional Conduct.