Drunk driving mom arrested when 8-year-old died in a multi-vehicle crash near San Diego.

California – July 24, 2022

A mom accused of driving drunk was arrested after a crash that caused her 8-year-old daughter to suffer fatal injury according to law enforcement officials. According to California Highway Patrol, she was driving a 2011 Honda Pilot with her three children traveling west on State Route 79 when she lost control of the car. She crossed over the two lane highway into the opposing lane and collided head-on with an eastbound 2011 Chevrolet Silverado near Anza Road.  The 8-year-old girl was not wearing a seat belt and suffered fatal injury at the scene.  The two other children in the car were transported to Riverside County Regional Medical Center with major injuries and the mom was taken to Inland Valley Medical Center with major injuries. Two of the Silverado passengers, both in their 40s, also suffered major injuries and were taken to Inland Valley Medical Center, according to CHP on the scene. The mother was arrested on charges of felony DUI, child endangerment and gross vehicular manslaughter.

Driving under the influence of alcohol is a serious offense in the State of California and if injuries, damages, or wrongful death occurred as a result, a drunk driving car accident attorney can help with a claim for compensation to offset the harmful losses. Generally, the negligent party will face criminal charges from the State of California and civil legal action in order to compensate accident victims for property damage and physical injury caused by the accident.

Civil action.

In the case for DUI, responsibility in a personal injury case will be determined by the judge or jury after it is proven that: the plaintiff was negligent; and the plaintiff’s negligence was a substantial factor in causing the injuries and damages after an accident involving DUI.  The total percentage of fault must equal 100% but can be divided between parties and that is how they will be compensated for losses.

Recoverable damages award.

California law requires that drivers have a way to cover costs related to damages or injuries they may have caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement. If the accident was caused due to drunk driving, a DUI criminal conviction may have some bearing on the outcome of the personal injury or wrongful death case.

Damages include compensation for replacement or repair of property, costs incurred from medical professionals treating injuries, loss of wages, changes in lifestyle, pain and suffering and wrongful death claims including funeral expenses and future financial losses to family members and pain and suffering due to loss of companionship. Because the compensation will be based on the award set by a court of law, it is important for crash victims to keep complete records of all costs incurred from the accident.

Hire a lawyer.

Seek legal counsel immediately after a car crash involving a DUI charge that causes injury or takes a loved one’s life. Accident victims will benefit from a consultation with a lawyer to help sort through personal injury and wrongful death claims after the state has resolved DUI-related criminal charges.  Hire an experienced attorney who is familiar with DUI laws in California by contacting the Law Offices of Jeffrey E. Estes & Associates.

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

Sources:

1. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1431.2.&lawCode=CIV
2. Daughter dies, mom accused of driving drunk: CA officials | The Sacramento Bee (sacbee.com)
3. Driving Under the Influence (DUI) (DUI) – California DMV