Krystil Kincaid, 29, and her unborn child were killed in a car accident in Hemet, which officials say, involved a DUI driver. According to a KTLA news report, Kincaid was driving her Chrysler minivan north on Warren Road the night of Sept. 9 when a BMW heading southbound veered into her lane and struck her vehicle. Officials said the BMW was traveling at a high rate of speed. Officials who responded to the scene found the silver van partially on fire. After the fire was put out, emergency responders extricated Kincaid, who was eight months pregnant, from the vehicle.
Driver Faces Criminal Charges
Both her legs had become pinned under the dashboard due to the impact of the crash. Her husband said she had him on speakerphone just before the collision and that he heard her scream as the crash occurred. Kincaid was transported to an area hospital where she has been pronounced legally dead. She leaves behind three children, 11, 8 and 4 and a 14-year-old stepchild. The driver of the BMW, 28-year-old Marcos Forestal, is the reigning World Boxing Federation International Super Bantamweight champion. He was arrested on suspicion of felony DUI and vehicular manslaughter charges.
We offer our deepest condolences to the family members of Krystil Kincaid, especially to her husband who heard her during her final moments, and their young children. Please keep this family in your thoughts and prayers.
Laws and Liability Issues
Based on this news report, it appears that the driver of the BMW, apparently a boxer, was under the influence when he veered out of his lane and crashed head on into Kincaid’s van. Under California Vehicle Code Section 23152 (a), it is illegal to operate a vehicle while under the influence of alcohol and/or drugs. It is also against the law to drive with a blood alcohol concentration of 0.08 percent. A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges, a Forestal does in this case.
In addition to facing criminal charges, DUI drivers can also be financially responsible for the injuries, damages and losses caused. DUI crashes such as this one often result in wrongful death lawsuits against the at-fault parties. Wrongful death suits may be filed by survivors of the decedent such as a spouse, child (adult or minor), other relatives or individuals who were financially dependent on the victim.
Families of deceased victims in such cases may be able to seek compensation for damages including medical expenses, funeral and burial costs, lost future income, pain and suffering and loss of love, care and companionship. An experienced DUI victims’ lawyer will be able to help protect their rights throughout the process.