Three people were killed and three others injured in a Fresno car accident, which officials say, was caused by a suspected drunk driver. According to a news report in the Associated Press, the fatal crash occurred the evening of August 4, 2010, when 20-year-old Orlando Gomez-Benitez drove through a stop sign and was hit by another vehicle. Three passengers in his vehicle were ejected and killed. Gomez-Benitez sustained serious injuries. Two people in the other vehicle suffered minor to moderate injuries.
My deepest condolences go out to the families of the three people who were killed in this terrible accident. My thoughts and prayers are with the many families affected by this tragedy.
Fresno Car Accident Statistics
According to the California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS) 17 people were killed and 177 people injured in DUI collisions in Fresno. In Fresno County as a whole 55 fatalities and 44 injuries were reported as a result of alcohol-related crashes during the same year.
Alcohol-Related Laws
It is illegal under California law to drive with a blood alcohol level of 0.08 percent or higher. According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges under California Penal Code section 191.5 (a).
Liability Issues
Based on this news report, none of the three deceased victims was wearing a seatbelt. Sometimes, in these types of accidents, officials may reach an erroneous conclusion that the occupant was not buckled up, and overlook the possibility of seatbelt defects or failure. But an expert looking for signs of seatbelt use will be able to correct or confirm such assumptions. If I were a family member of one of the fatally injured victims here, I'd certainly want to know if he or she was ejected because of a seat restraint system failure. In this case, however, Gomez-Benitez, if found guilty of the charges, could be held criminally responsible and civilly liable for the fatalities and injuries caused.
Injured victims and families of deceased victims in such cases would be well-advised to consult with an experienced Fresno personal injury lawyer, who will stay on top of the official investigation and make sure that the negligent parties are held accountable. A knowledgeable car accident lawyer will also advise injured victims and their families about how their own car insurance policy might apply to an incident involving an at-fault driver who is uninsured or underinsured.
Do you feel that drunk driving is a problem in your community?
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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