California – July 28, 2021

A suspected DUI driver crashed his SUV into a La Mesa building, killing one occupant who was inside at the time of the crash.  The glass commercial office building at 7373 University Avenue in front of the Helix High School was the scene of the accident as reported by La Mesa Police.  Law enforcement personnel were only a few vehicles behind the altered driver and reported the event and subsequently discovered the fatally injured man.  The 61-year-old SUV driver was taken to the hospital by medics for treatment of non-life-threatening injuries.  Evidence at the scene suggested that drugs and/or alcohol may be involved.  La Mesa Police are working with a DUI homicide team from the District Attorney’s Office.  A city building inspector was also called to the scene to assess the building for structural damages.  When individuals suffer personal injury, or harm after an accident caused by the negligent act of driving and drinking, a personal injury attorney can build a case for damage compensation recovery in a civil suit and a criminal legal action will be initiated as well.

Criminal negligence. 

California has become stricter with their drunk driving laws, keeping pace with many other  of the United States. In California, it is illegal for anyone over the age of 21 to drive with a BAC of .08, or higher and California has a zero tolerance law for anyone under the age of 21. According to the California Office of Traffic Safety Annual Report for 2020, drunk driving revealed 123,548 arrests in the State in 2017.  Drivers need to take DUI activities more seriously to avoid personal injury to themselves, and others and to avoid criminal action.

Fault.

Everyone is legally responsible for the result of their willful acts, and injury that  occurs during ordinary care in the State of California.  Accident damage compensation reflects fault percentages and monetary awards are adjusted in accordance with a percentage of fault assigned to each driver.  When an accident was caused due to driving under the influence, which has criminal charges, the criminal case may have some bearing on the outcome of the personal injury case.  An experienced attorney can review accident reports, and other information that will strengthen a negligence case against the criminal actions of a drunk driver.

Injury and wrongful death.

When catastrophic injury, or wrongful death occurs, a personal representative, or specific family member may have to file legal action on behalf of the individual that was hurt, or died.  If the accident was caused by blatantly negligent acts, such as reckless driving, distracted driving, or driving under the influence, pending criminal action may need to be addressed before, or during the civil action proceedings. An experienced wrongful death attorney focuses on the intricacies of a complex accident case by addressing criminal components, insurance coverages, degrees of fault and the severity of the accident damages toward a timely award.

Compensation.

Damages include compensation for replacement, or repair of property, costs incurred from medical professionals treating injuries, lost wages, changes in lifestyle, pain and suffering and wrongful death claims due to personal injury loss. Because the compensation will be based on the award set by a court of law, it is important to keep complete and accurate records of all expenses incurred as a result of the car accident.  A skilled car accident attorney can review these documents to make certain that all damages are covered.

Hire an attorney.

Seek legal counsel immediately after a car crash caused by DUI.  Hire an experienced personal injury attorney, who is familiar with California DUI laws, by contacting the Law Offices of Jeffrey E. Estes & Associates, who can effectively build a negligence case against the drunk driver.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

https://www.sandiegouniontribune.com/news/public-safety/story/2021-07-28/suv-crashes-into-la-mesa-building-kills-man-inside

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

https://www.ots.ca.gov/wp-content/uploads/sites/67/2021/02/FINAL_OTS_AnnualReport_Web_2-4.pdf

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/california_fy2017_ar.pdf

https://www.dmv.ca.gov/portal/dmv/detail/pubs/media_center/statistics

 

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