Drunk Driving Fatality in Arden Arcade
A drunk driving fatality happened in Arden Arcade when an accident occurred at about 1:30 in the morning on March 17. It resulted in the death of a boy, age 9, and caused serious injuries to the driver of the car. The accident happened at the intersection of Bell Street and Marconi Avenue when the driver of an Infiniti ran a red light at the intersection, striking a Toyota driven by a man, age 36, which was carrying the child. I wish to extend my sympathy and prayers to the friends and family of the child who died in the collision. No parents should have to face the loss of a child, especially when it is caused by an accident that never should have happened.
Details of the Accident
The collision caused both vehicles to roll over, with the vehicle that carried the man and child pressed up against a wall on its side. Both the man and child had to be extricated from the vehicle and were transported to a local hospital, where the boy died. According to the report by the California Highway Patrol (CHP), the driver of the other vehicle fled the accident scene before the police arrived.
Driver Located
The driver who caused the drunk driving fatality was located later by police at his home at about 5:00 a.m. He was identified by police as Rene Zaragoza and was charged with hit-and-run and DUI that resulted in death or injury as well as murder. In addition, he faces misdemeanor charges of driving on a restricted license without having an interlock device on the vehicle.
Murder Charges in a DUI Case
Under California penal code 187, a drunk driver can be charged with murder when they have a previous DUI conviction and acted with implied malice, causing a drunk driving fatality. This is referred to as a Watson murder and takes its name from a 1981 case, the People vs. Watson. Implied malice does not mean that the driver acted intentionally to harm another. Instead, it means that the driver intentionally committed the act of driving while intoxicated. This act was dangerous to others, the driver knew the act was dangerous and had disregard for the life of others. In order to bring this charge against a drunk driver, he or she must have a prior DUI conviction or attended DUI school. This is proof that the driver knew the implications of driving drunk.
Punitive Damages in a Drunk Driving Case
In a personal injury case, where a wrongful death occurred, or the plaintiff was injured by a drunk driver, punitive damages may be sought. This is possible when the defendant acts egregiously and causes harm or when a drunk driving fatality occurs. In such cases, there is a total disregard for the lives of others. This can be used as the basis for assessing punitive damages. Punitive damages do not replace financial losses associated with the accident. Instead, they are used to punish the driver for reprehensible acts against another, such as driving drunk that results in injury or death.
Personal Injury Lawyer Ed Smith explains claims for wrongful death.
Your Right to Financial Compensation
When you’ve lost a loved one or have been injured in an accident caused by negligence, you are entitled to collect financial compensation. A personal injury lawyer with experience can help you by mounting a strong case for compensation for your trauma or loss of your loved one.
Arden Arcade Car Accident Lawyer
I’m Ed Smith, an Arden Arcade car accident lawyer. Losing a child in an accident caused by negligence is a heartbreaking experience. If you lost a loved one in this way, I would be honored to give you my free and friendly advice. Please phone me at (916) 921-6400, or you can reach me at (800) 404-5400 outside the 916 area code at no cost. At AutoAccident.com, my website, I also offer a contact page if you feel you don’t want to place a phone call or it is inconvenient for you.
Knowing something about a law practice makes it easier when deciding what personal injury lawyer to call for advice. I am a member of the National Association of Distinguished Counsel. This group invites fewer than 1 percent of lawyers nationwide to join. Admittance is based on whether that lawyer shows excellence in upholding legal standards. Million Dollar Forum, which I belong to as a California member, admits only trial lawyers who have won in excess of one million dollars for a client.
Client comments, along with reviews, can be found at the following links as well as a synopsis of the cases my law firm has handled:
I have been in practice as a personal injury lawyer for 37 years. During that time, I’ve helped many Arden Arcade residents and other Northern Californians to obtain needed compensation in all kinds of auto accidents, traumatic brain injuries, and motorcycle collisions.
Photo Attribution: https://www.youtube.com/watch?v=B9-lg0clbRM&feature=youtu.be; https://pixabay.com/photos/drink-driving-drunk-alcohol-808790/
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