Rosario Silvestre, 41, died in a hit-and-run auto accident caused by a suspected drunk driver on the 101 Freeway in Goleta the night of March 7, 2009, according to the KSBY 6 Action News report. The fatal auto accident apparently occurred on the Highway 101 near Fairview Avenue when a car driven by Fabian Maduena of Hollister rear-ended another car in which Silvestre was a passenger. The vehicle flipped over several times. Silvestre was ejected from the car and died shortly afterward in an area hospital. Maduena was later arrested on suspicion of felony DUI, hit and run, and vehicular manslaughter
My heart goes out to the family and friends of Rosario Silvestre, who was killed because of another person's negligence. I offer my deepest sympathies to everyone who knew and loved Silvestre. Please keep them in your prayers.
I sincerely hope that Maduena, who caused this accident and reportedly fled the scene of the crash, is brought to justice. He should be held both civilly and criminally responsible for this auto accident and the death of Rosario Silvestre. Operating a motor vehicle under the influence of alcohol and leaving the scene of an accident are two serious violations of California law.
California Vehicle Code section 20001 (a) states: “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident.” 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." The same code section also states that it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.
The family of Rosario Silvestre should certainly consult with a reputed California personal injury attorney who is experienced in pursuing drunk drivers financially on behalf of victims and their families. Our law firm is currently pursuing more than 50 drunk drivers on behalf of seriously injured clients. It is quite common for many of these drivers not to have auto insurance. If that is the case here, then Silvestre's family may be covered under the uninsured/underinsured clause of any motor vehicle insurance policy that Silvestre has benefits under. It is highly advisable to have a skilled personal injury lawyer on your side who is knowledgeable about how your insurance policy and the uninsured motorist clause would apply to your auto accident case.