A Nevada couple – Albert Demers, 83 and his wife Victoria, 86 – have died of injuries suffered in a rear-end collision on the 91 Freeway in Anaheim Hills on October 16, 2008.
Victoria Demers died immediately after the 10/16/08 crash while Albert Demers died four days later on October 20, 2008, The Orange County Register reports.
The incident occurred when the car Albert Demers was driving stalled in the westbound 91 Fast Track lanes near Weir Canyon Road. Their car was rear-ended by another driver and spun out of control, colliding with two other vehicles.
My heart goes out to the families of Albert and Victoria Demers, who died tragically in this unfortunate accident. Please keep this couple and their family in your prayers.
It is against California law to stop a vehicle in traffic lanes in a manner that impedes traffic flow. California Vehicle Code Section 22400 (a) states: “No person shall bring a vehicle to a complete stop upon the highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with the law.”
However, in the case of this fatal Anaheim auto accident, it is evident that the elderly couple had to stop their car on the Fast Track lanes because of a mechanical problem.
The rear-ending driver will be held responsible for this accident and the resulting fatalities if he or she had any chance of avoiding this accident. If investigators determine that the other driver was operating under the influence of alcohol or drugs, he or she could face criminal vehicular manslaughter charges.
The family of Albert and Victoria Demers would be well-advised to consult with an experienced Orange County car accident attorney. A skilled personal injury lawyer will look at the time between Demers’ car coming to a stop and the rear-end collision.
A knowledgeable attorney will examine that driver’s ability to see, his or her speed of approach (closing speed), and the amount of light at the time of the crash. The main question here is: Was the driver able to view the stopped car with sufficient time to understand the need to avoid the car and to carry out the evasive maneuver? Did the driver act with reasonable care to avoid the collision? If not, then he or she should be held liable for this tragic accident.