A 54-year-old man was killed in a San Francisco car accident the afternoon of November 1, 2009 after his motorcycle was struck by a woman who officials say had a blood alcohol level three times the legal limit at the time of the crash. According to a news report in the San Jose Mercury News, the driver -- 38-year-old Sherri Lee Chinn -- was also driving with a suspended driver's license and two DUI convictions when she hit the motorcyclist head-on, California Highway Patrol officials said. The man's wife and 7-month-old child were in a black BMW following the Harley Davidson. The child was uninjured, but the woman did sustain minor injuries.
My heart goes out to the family of this victim, whose wife apparently saw the horrific incident take place. I'm relieved the child was not injured. I offer my deepest condolences to the family and will keep them in my prayers.
DUI Car Accidents in San Francisco
According to California Highway Patrol's 2007 Statewide Integrated Traffic Records System (SWITRS), 15 deaths and 416 injuries were reported in San Jose as a result of alcohol-related car accidents. In Santa Clara County as a whole, 32 deaths and 737 injuries were reported as a result of DUI car accidents in 2007. Also, countywide, motorcycle accidents claimed eight lives and injured 296 during the same period.
It is one thing to get arrested for DUI, but it's something else to have a blood alcohol level of three times the legal limit of 0.08 percent and have two prior DUI convictions AND drive on a suspended license. Chinn is now facing vehicular manslaughter and felony DUI charges. I hope she is prosecuted to the fullest extent of the law. Driving under the influence is a serious crime in California. 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."
California Car Accident Laws
A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges, as Chinn does in this case. California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."
The deceased victim's family would be well-advised to consult with a reputed San Francisco personal injury lawyer, experienced in financially pursuing drunk drivers. A skilled car accident lawyer will make sure the victim's (or the family's) rights are protected and that they secure fair compensation for their loss. In this case, I would not be surprised if Chinn did not have car insurance. A knowledgeable personal injury attorney in San Francisco should advise the family about how their own car insurance policy will apply in an accident case that involves an uninsured or underinsured driver.
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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