Traffic Accident News

Police in Chicago have arrested 44-year-old Lisa Elner on suspicion of driving under the influence and leaving the scene of a Jan. 26 fatal DUI crash that killed two other women - Michelle Miranda, 37, and Sandra Frankum, 36. According to a news report in The Chicago Tribune, Miranda and Frankum were killed when the SUV in which they were traveling fell at least 50 feet from Harlem Avenue in Lyons to Canal Bank Drive in Summit. Elner, the alleged driver of the SUV, faces charges of failure to report an accident involving death, aggravated driving under the influence involving death, possession of cocaine, and other traffic charges.

Police say Elner was silent about the accident hours later when she was found walking near the entrance ramp to southbound Interstate 55 at Harlem Avenue. Elner, who was also seriously injured in the crash, was taken to a local hospital for treatment and told officials she was walking home from a bar, but told them nothing about the crash.

Failure to Report Deadly Crash

The overturned SUV was discovered about five hours after police found Elner. Piecing together evidence, police determined that the southbound SUV was approaching the I-55 ramp when it lost control, jumped a curb and crashed through a barrier before plunging down to the road below. Apparently, no one called 911 after it happened.

Based on this news report, officials say Elner allegedly survived the 50-foot plunge, but left her passengers in the vehicle for hours without care or medical attention. The article states that it was several hours before the vehicle was even found. Had the women obtained medical attention earlier, it is possible that they would have survived. Drivers have a responsibility to report any crash they are involved in right away to police and help injured victims. This help could be something as simple as calling 911.

Protecting Victims' Rights

Victims of DUI and hit-and-run crashes have rights. Families that have lost loved ones as a result of someone else's negligence and wrongdoing can file a wrongful death claim seeking compensation for damages such as medical expenses, funeral costs, lost future income and loss of love and companionship. Victims' families would also be well advised to contact an experienced personal injury lawyer who will fight for their rights and ensure that the negligent parties are held liable.

February 7, 2013--Lakewood, California--A 25-year-old man who has a previous conviction for felony DUI was arrested and charged with murder after being involved in a fatal crash while allegedly under the influence of alcohol, according to the Los Angeles Times. The suspect is also charged with gross vehicular manslaughter while under the influence, causing bodily injury and theft of a vehicle.

The crash occurred on State Route 330 near State Route 18 when the driver rolled his vehicle, ejecting a female passenger from the car. The 18-year-old girl died of her injuries and the suspect was arrested on suspicion of DUI Murder. Two other passengers were injured in the crash.

Investigators later learned that the suspect had already been involved in a fatal DUI collision in 2009 and had been convicted of felony DUI, a charge usually made when alcohol is involved in a crash with injuries or fatalities. He was re-arrested for the current charges with murder being added.

California DUI Laws Provide Escalating Penalties

While a first-time DUI offense is normally a misdemeanor, California law provides prosecutors with a way to enhance charges and sentencing if the driver injures or kills someone or leaves the scene of an accident. In those cases, drivers can be charged with felonies up to and including murder, as in the present case. This gives prosecutors the flexibility to match the charge to the offense. If an offender has already killed someone in a DUI accident, it is far more appropriate to charge that individual with a more serious crime than if the person is a first-time offender who has not caused any damage or injury.

How Big Is the DUI Problem?

Driving under the influence of alcohol or drugs continues to be a major problem for Californians. According to the Century Council, 2010 saw 791 drunk driving fatalities on California highways, 94 of which were victims under the age of 21. More than 71 percent of these drivers had blood alcohol contents of .15 or more, twice the legal limit for intoxication.

These grim statistics are tempered by the fact that California has seen a reduction of 27 percent in overall DUI fatalities since 2000 and a 53 percent reduction in fatalities of victims under 21 years of age. Better DUI education may be responsible for these encouraging numbers, but the fact is that DUI remains one of the biggest killers of people of all ages in the state.

What Should I Do If I Am The Victim of a Drunk Driver?

If you are involved in a crash with a drunk driver, it is important for you to protect your rights. Whether or not the criminal justice system brings the driver to justice, you will still have to collect compensation for your medical bills, your living expenses and other costs. You are also entitled to payment for the pain and suffering you endure as a result of the collision. A personal injury attorney can help you collect these damages.

A 30-year-old man was killed in a Sacramento crash, which officials say, was caused by aspiring model and mother of two, 24-year-old Reena Ashlie Sanchez. According to a news report in The Sacramento Bee, the fatal DUI collision occurred on El Camino Avenue near Colfax Street. Police say Sanchez was driving intoxicated with her two young children in the back seat. Officials say four men were traveling west on El Camino Avenue in an SUV early morning on Feb. 3, 2013 when their vehicle was rear-ended by Sanchez's sedan, which they say, was traveling at a high rate of speed.

Continue reading "Aspiring Model Charged with DUI after Fatal Sacramento Crash" »

One person was injured in a drunk driving crash after a suspected DUI driver ran a red light and struck another vehicle. According to a news report in the San Gabriel Valley Tribune, Andrew Castro, 25, of San Dimas was driving east on Route 66 and Compromise Line the afternoon of January 28, 2013 when he ran a red light at the intersection and struck another car carrying two people. One of the people in the other car suffered neck injuries and was transported to an area hospital. Castro was arrested and charged with felony driving under the influence.

Continue reading "DUI Collision in Glendora Causes Injuries" »

A police officer was injured in a collision with a driver suspected of being under the influence, according to a report in the Los Angeles Times. The officer was driving his marked patrol car when he was struck by a pickup truck at the driver's door. The accident occurred early in the morning at the intersection of Mission Gorge Road and Route 125 in Santee.

The officer was said to be seriously injured in the collision. Witnesses stated that the driver was traveling at a high rate of speed, and rescue workers from the fire department were forced to cut the car door open to extract the officer. The driver of the pickup was not seriously hurt in the accident and was booked on a charge of suspected felony drunk driving.

My thoughts and prayers go out to the injured officer for his speedy recovery.

High-Speed Collisions A Common Feature of DUI Accidents

According to the Statewide Integrated Traffic Reporting System of the California Highway Patrol, there were 1,072 fatalities and 24,343 injuries caused by drunk driving in the state in 2011. At least 7,800 of these accidents involved drivers simply traveling in a straight line with no immediate obstructions or impairments to cause a collision. A great number of these drivers are speeding at the time of an accident. Even more drivers who speed run off the road or commit some other error that leads to serious consequences for themselves and others on the road.

Criminal Issues in Drunk Driving Accidents

Drivers who operate vehicles under the influence are breaking the law. In California, drivers who operate a vehicle with a blood alcohol content measured at more than .08 percent are considered to be driving drunk. Drivers with BACs of more than .15 percent are considered to be exceptionally drunk, and different charges may be entered against these drivers.

Drivers who injure someone else while driving drunk are usually charged with felony DUI. Those who damage property are usually charged with misdemeanor DUI. However, depending on the circumstances of the accident, a driver who is driving with a very high BAC may still incur a felony charge despite the fact that only property damage occurred.

Liability Issues in Drunk Driving Accidents

Drunk drivers not only commit a crime, they also show disregard for the safety of others. Because drunk driving is completely preventable, judges and juries show little sympathy when faced with a driver who chose to drink alcohol and get behind the wheel, doing damages to property and causing injuries to innocent parties. In these cases, victims often file a personal injury lawsuit against the driver to pay for the damages they have sustained.

A victim in a drunk driving accident is entitled to damages that may include special damages awarded as the result of the driver's negligence in driving while under the influence. A personal injury attorney can explain these damages to the victim and help him or her recover the proper amount.

A new California survey shows that one in seven drivers who volunteered as study subjects had drugs (legal or illegal) in their system. According to a news report in The Orange County Register, the 2012 California Roadside Survey of Nighttime Weekend Drivers' Alcohol and Drug Use points to the fact that more drivers tested positive for drugs, especially marijuana, than for alcohol. This is apparently the first roadside survey of its kind, which law enforcement officials say, points to a serious and growing threat. Among the 1,314 California drivers included in the survey, 2.7 percent were under the influence of an illegal drug, about 3.3 percent were under the influence of medications only and 5.5 percent had marijuana in their systems.

Continue reading "Drugged Driving Bigger Problem than Drunk Driving in California, Survey Shows" »

November 14, 2012—Ontario, California—A woman who was allegedly drunk behind the wheel crashed into a street sweeper in Ontario on Wednesday, injuring herself and the passenger in her car, according to the Continue reading "DUI Suspect Hits Ontario Street Sweeper" »

Two people were seriously injured in a Burbank car accident, which officials say was caused by a suspected drunk driver. According to a news account in The Burbank Leader, the major injury collision occurred the night of September 12, 2012 at the intersection of Olive Avenue and Alameda Avenue. Police say Maritza Luciano, 40, was driving a Jaguar east on Olive when she ran a red light at Alameda and collided with a Ford Explorer SUV.

Two passengers in the SUV were transported to the hospital with major injuries. One of the victims, a 79-year-old woman suffered facial injuries and complained of chest pain. A 66-year-old man suffered lacerations to his eye and upper lip and a spinal injury to his neck. The driver of the Explorer complained of pain to his left wrist. Luciano was arrested on suspicion of driving under the influence.

Continue reading "Burbank Car Accidents Leaves Two Injured" »

Christine Gilbert, 29, of Long Beach, was fatally injured in an Orange County car accident after the vehicle in which she was a passenger crashed with another car and rolled over. According to The Orange County Register, the collision occurred on the westbound 91 Freeway near Walker Street, early morning on September 15, 2012. California Highway Patrol officials say Gilbert was riding in a 2010 Toyota Corolla with two other people when it hit a 1999 Honda Accord. The Toyota veered off the highway and rolled over several times. Gilbert sustained fatal injuries after she was ejected from the vehicle. The Toyota's driver has been arrested on suspicion of driving under the influence. The investigation is ongoing.

I offer my deepest sympathies to the family members and friends of Christine Gilbert for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

Continue reading "Woman Killed in La Palma Car Accident" »

September 3, 2012—Fullerton, CA—Several family members of Fullerton DUI crash victims spoke out at a City Council meeting on Tuesday in condemnation of the council’s decision not to accept grant funds to finance sobriety checkpoints. The mayor promised to have the council reconsider accepting the grant funds at a future date.

The council had previously agreed to accept a grant, funded by the Office of Traffic Safety that would provide almost $150,000 for DUI enforcement programs. However, the council also voted to reject a portion of the grant funds that were earmarked specifically for traffic checkpoints to spot possible DUI suspects. Later, the police chief was informed that if the council rejected part of the grant, the entire amount would be rescinded.

Drunk Driving Still A Large Problem for Fullerton Residents

According to records compiled by the City of Fullerton police, fourteen deaths have occurred due to traffic collisions since 2009. Of these, seven, or exactly 50 percent, traced their direct cause to drunk driving.

The most famous case occurred in Fullerton in 2009 when three people, including Angels
pitcher Nick Adenhart, 22, were killed by a repeat offender DUI driver. One person, Jon Wilhite, survived the accident and was present at the meeting to urge the council to reconsider their decision.

Liability Issues in DUI Accidents

Liability in a DUI accident can be confusing. Not only does the at-fault driver face liability for the damages he or she has caused, but may also face criminal penalties. If a driver has no insurance, as is the case with an inordinate number of DUI drivers, and the driver has no personal assets and no job because he or she is being put in jail, it is difficult for a victim to collect any payments. Many repeat DUI drivers have no liability insurance because it is very difficult and expensive to get coverage after your first DUI and drivers simply take to the road without it until they are caught.

On the other hand, it is also very important to secure a civil judgment against the driver in case he or she does at some point have assets to pay for the damages. If the driver has liability insurance, it is also important to work with a professional Fullerton car accident attorney to insure that the insurer is made to pay the maximum amount allowable under the law.

There is another avenue of liability that may be open to those injured in a DUI crash. Courts have held that others can also share liability for the drunk driver’s state if they encouraged drinking and driving. For example, bartenders or restaurants have been sued for knowingly giving alcohol to visibly intoxicated persons then allowing them to leave in their cars.

August 18, 2012—Chula Vista, CA—According to CBS News, a driver who was allegedly under the influence caused a car accident that resulted in the death of two five-year-old girls, one of them her child.

Arlene Hernandez, 22, pled not guilty to manslaughter after she drove a vehicle into a 30-foot-deep reservoir, causing the drowning of her daughter, Lesette Silva, and Guiliana Figueroa, her daughter’s friend. Hernandez and Eric Figueroa, father of the second child, escaped without injury.

The accident occurred on Otay Lake Road when Hernandez lost control of her Kia Sedona. The car flipped and slid into the reservoir near the US Olympic Training Center. The two girls were restrained in the back and were unable to escape the car. They were transported to a nearby hospital and were pronounced dead on arrival.

My heartfelt sympathies go out to the families of both of these children.

Accident Statistics Involving Drowning

Although the National Highway Traffic Safety Administrations FARS or Fatal Analysis Reporting System Database does not segregate deaths caused by drowning in motor vehicles, a recent study by Rory Austin of the NHTSA notes that there were at least 384 verifiable drowning deaths in motor vehicles in the three years between 2004 and 2007.

It is very likely that drowning was a contributing factor in many other accidents; for example, if the victim drove into a lake and was rescued prior to drowning, but later died from complications of the accident such as pneumonia, it is unlikely that this information would appear in the data published by the agency.

California had the second-highest rate of car accident drowning, just behind Florida and just ahead of Texas.

Could This Accident Have Been Prevented?

Although the investigation into the accident continues, it appears that the driver was intoxicated at the time of the accident. It is impossible to say that the accident would not have happened if she had been sober, or that she would have been able to render aid to the children if she was not drinking. However, statistics tend to show that people who are under the influence of alcohol have much slower reaction times and are unable to plan clearly when faced with an emergency, so it is likely that this senseless tragedy was as much the result of alcohol as the circumstances of the accident.

Liability Issues

Whether or not the driver is convicted of manslaughter, she is liable for the death of the little girls in the car and injuries to her passenger. A professional car accident attorney should examine the facts of this case and determine the best way to recover damages.

Four people were injured, two critically, in a Ventura County car accident, which officials say was caused by a suspected drunk driver. According to a news article in the Ventura County Star, the head-on collision occurred at the intersection of Harbor Boulevard and Gonzales Road near Oxnard, the afternoon of August 26, 2012. The injured victims, three adults and one child, were transported to area hospitals. Two of the adults were listed in critical condition. One person was arrested on suspicion of driving under the influence. The investigation is ongoing.

My heart goes out to the injured victims of this intersection accident. I wish them the very best for a speedy and complete recovery.

Continue reading "Four Injured in Ventura County DUI Crash" »

An Australian man was killed in a Santa Monica car accident, which officials say involved a suspected drunk driver, the evening of August 21, 2012. According to a news report in the Santa Monica Lookout, the fatal pedestrian accident occurred at the intersection of Third Street and Colorado Avenue in Downtown Santa Monica. Police say the victim, his wife and 8-year-old daughter were walking across the street when an eastbound vehicle struck the man and his daughter.

The 50-year-old man suffered critical injuries and died the following morning. His daughter suffered non-life-threatening injuries. The driver of the vehicle, identified as 26-year old Cara Cameron, was arrested on suspicion of driving under the influence and vehicular manslaughter. Based on preliminary reports, the family was crossing against a "Don't Walk" sign and the driver had a green light. Officials are still investigating the incident and are looking for additional eyewitnesses.

Continue reading "Tourist Killed in Santa Monica Pedestrian Accident" »

At least two people were injured in a Pasadena car accident, which officials say was caused by a suspected drunk driver. According to a news report in The San Gabriel Valley Tribune, the DUI crash occurred the night of August 20, 2012 on the 134 Freeway at South San Rafael Avenue. California Highway Patrol officials say 31-year-old John Reynoso was driving a Ford sedan and crashed into the back of a Toyota FJ Cruiser. The Toyota lost control, hit the center divider and broke the wall. The Cruiser's driver, a 55-year-old man and his female passenger were transported to an area hospital with non-life-threatening injuries. Reynoso was arrested on suspicion of DUI. The investigation is ongoing.

My heart goes out to the injured victims of this crash. I wish them both the very best for a speedy and complete recovery. Please keep them in your thoughts and prayers.

Continue reading "DUI Crash in Pasadena Causes Injuries" »

A Newport Beach woman has been arrested in connection with causing a car accident in Riverside, which officials say involved alcohol, speeding, texting and making an unsafe lane change. According to The Press-Enterprise, the injury collision occurred on Highway 91 near Magnolia Avenue. California Highway Patrol officials say 27-year-old Teresa Lynn Hyde was speeding westbound in her Lexus IS300 on August 19, 2012, when she sideswiped a 1997 Ford Expedition SUV as she changed lanes.

Hyde's vehicle crashed and flipped over as she tried to flee the scene. Both women in the Expedition were injured. Officers say Hyde was texting while driving. She was arrested on suspicion of felony DUI and felony hit-and-run. She apparently has at least a dozen traffic violations on her record in Orange County including a 2009 DUI conviction.

Continue reading "Newport Beach Woman Arrested in Drunken Texting Crash in Riverside" »