Two men were killed in San Francisco car accident after the driver of their vehicle lost control and crashed on a Gilroy street. According to a news report in the San Jose Mercury News, the fatal accident occurred early morning on May 27, 2010 when a vehicle traveling east on Sixth Street near Monterey Street crashed and rolled over. Two men died at the scene. The driver, identified as David Torres, was arrested on suspicion of felony DUI, vehicular manslaughter and fleeing the scene of the accident. Anyone with more information about this incident is asked to call 408-846-0300 or if wishing to remain anonymous, call the We Tip line at 1-800-782-7463.
I offer my deepest sympathies to the families of these two deceased victims. Please keep them in your thoughts and prayers.
Drunk Driving Statistics
According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there was one fatality and 21 injuries reported in Gilroy as a result of DUI collisions. In Santa Clara County as a whole, alcohol-related crashes claimed 37 lives and caused 705 injuries during the same year.
DUI Laws in California
Driving with a blood alcohol content of 0.08 percent or higher is illegal under California law. California Vehicle Code Section 23152 (a) states: "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, as Torres 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."
Wrongful Death
In such cases where negligence or wrongdoing is apparent, victims' families can file wrongful death claims against the at-fault party seeking compensation for funeral expenses, lost future earnings, loss of love and companionship, and other related damages. An experienced San Francisco personal injury lawyer will be able to advise victims and their families about their legal rights and options.
What changes to the law would you like to see made to help curb drunk driving?
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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