Chandrika De Silva, 51, was killed and her grandson, 5-year-old Sahan, was seriously injured in a Los Angeles car accident after they were struck by a suspected drunk driver early morning on July 18, 2010. According to a news report in the Los Angeles Daily News, Chandrika and her husband, Sunil De Silva, returned to their Reseda home with Sahan, who was asleep in the car, buckled into his booster seat.
Tragic Crash
It was then that 22-year-old Richard Albert Buitron, who was driving a Jeep Cherokee, struck the DeSilvas' Toyota Prius parked partially in the driveway. Chandrika had just gotten out of the car to help her husband open a gate when she and the Prius were hit. The impact of the collision threw her several feet and caused the Prius to overturn. Sahan was thrown from the vehicle and sustained a concussion and other injuries. He is expected to survive. Buitron was booked on suspicion of gross vehicular manslaughter and felony drunk driving.
I offer my deepest condolences to the De Silva family. What a horrible tragedy for them to lose a beloved family member in this way! This grieving family will be in my thoughts and prayers.
DUI Statistics
According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 105 deaths and 2,252 injuries involving DUI collisions in Los Angeles. Countywide, 258 people died and 4,832 were injured as a result of alcohol-related crashes in 2008.
Laws and Liability Issues
Driving under the influence of alcohol and/or drugs is a serious crime under California law. 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 gross vehicular manslaughter charges under California Penal Code section 191.5 (a), as Buitron does in this particular case.
In such cases where negligence or wrongdoing is likely, families of deceased car accident victims would be well-advised to contact an experienced Los Angeles personal injury lawyer, who will stay on top of the official investigation and make sure their legal rights are protected.
In this particular case, I would also question if there was some type of product defect in the child car seat. Although the Prius overturned, the child should have been held in by the car seat. I would be curious to find out why the child was ejected. If the child's injuries were caused by a defective car seat, the manufacturer of such a defective product can be held liable for injuries caused.
Do you know someone who has been injured or someone who has lost a loved one in a DUI collision? For more information about the dangers of drunk driving, please visit MADD's web site at www.madd.org.
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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