You’re in an accident. The other driver was drunk and subsequently convicted of a DUI charge. Is he/she at fault? Is your case a slam dunk?
Establishing proof is an important part of both civil and criminal cases, but as any attorney will tell you, proving your case is easier said than done. When there is the concurrence of both civil and criminal litigation surrounding the same case, however, criminal charges can weigh heavily on the outcome of a civil lawsuit and speed up the judgment and settlement to the benefit of the plaintiff. Here’s how.
A serious accident can put your life on hold.
What It Takes to Win a Criminal Case
In a criminal trial, the prosecution is required to prove that the defendant committed an act beyond a reasonable doubt. This means that when presented with a body of evidence, a guilty verdict is handed down because no reasonable doubt exists based on the facts.
How did we do it? And why?
On March 15, 2015, we settled a motor vehicle roll-over accident that occurred in El Cajon, CA. In this case, our client’s blood alcohol was more than double the legal limit in California, methamphetamine was found in his system, two open forty ounce bottles of beer were found in his car, and he had no drivers license or insurance at the time of the crash. We did however manage to find a way to obtain compensation for our client.
But wait there’s more – the defense accident reconstructionist opined our client was driving over 70mph in a 40mph zone. He had been “partying” all night long and was leaving a liquor store at 9:00 AM when the accident occurred.
Don’t drink and drive would be a lot easier with these all over San Diego
On May 16th, two young women were killed in a wrong-way DUI car acccident on SR-163 in the Mission Valley area. Sadly, the driver was repeatedly warned by his friends not to get behind the wheel. While it still requires personal committment to drive safe, perhaps Uber has the answer.
Back in April, Uber planted a kiosk in downtown Toronto, Canada. About as tall as an ATM and half as wide, Uber Safe has a screen, a breathalyzer, and a straw dispenser. Insert a straw into the breathalyzer and blow for five seconds to get your BAC measured. If you’re over the legal limit (0.08, just like California) the machine arranges for an Uber driver to pick you up and deliver you home. The cost? Absolutely free. See Uber’s demo video after the jump.
Another U.S. Marine of California was the victim of a collision with a drunk driver Tuesday morning.
Fremont police Officer Alan Zambonin wrote a statement indicating that 23-year-old Alexander Yohn of Emeryville refused to be given a ride after downing whiskeys and bar-hopping on Monday night.
Around 1 a.m. Tuesday morning, a Taco Bell employee called police after Yohn had made a disturbance in the drive-thru. Officer Steven Nordseth spotted him driving a Mini Cooper in the opposite direction on Fremont Boulevard. The driver failed to yield after Nordseth tried to stop him. Yohn then ran a red light at Decoto Road where he collided with motorcyclist Andrew Silva, a 23-year-old lance corporal whom had only just returned from Afghanistan in February. The suspect crashed the car into a utility pole and caught the car on fire. Yohn ran to a nearby field where Nordseth was able to catch him to take him into custody.
Andrew Silva died at the scene. His family (wife and two year old son) only had him home from Afghanistan for a month before the tragedy.
Yohn, a self-described heroine addict and alcoholic listed his occupation as an emergency medical technician. According to his records, he also has a prior drunken-driving conviction from Minnesota. Yohn was charged with murder, vehicular manslaughter with gross negligence and hit-and-run; all counts were felonies. He is in jail without bail. To prove 2nd degree murder the government must confirm implied malice. Murder charges were filed since Yohn failed to yield to Officer Nordseth’s attempt to pull him over and intentionally ran a red light thereafter.
A fund has been set up for Silva’s family. Contributions can be sent to the Andrew Silva Memorial account, Fremont Bank, P.O. Box 8170, Fremont, CA 94537-8170.
It is shuttering to know that one of our nation’s heroes has fallen victim on his own soil, to his own drunken countryman. If you or a loved one has suffered an injury or was even killed from a collision where another driver is at fault, call the Elia Law Firm to represent you and your family. Their expertise in Personal Injury Law has recouped damages and medical expenses for many cases just like yours. Call (619) 444-2244 right now for your free consultation.
Police are investigating a deadly San Diego car accident involving an alleged drunk driver. Officials say 29-year-old John Mathew Hajosy was killed early Sunday morning when the car he was driving was struck head-on by a wrong-way driver.
According to police, the impact of the accident sent Hajosy’s car over the center media of Route 94, forcing officials to close almost the entire highway in order to get to the victim. Hajosy died at the scene.
So you’re out with friends… you’ve had a drink or two. You KNOW you’re not drunk, but admit that you’re slightly “buzzed.” It’s still okay to get behind the wheel, right? Wrong!
According to a new car accident study, even drivers with a slight buzz are more likely to be at fault for accidents than the the sober drivers they hit. After examining more than 570-thousand accidents between 1994 and 2011, the authors of the study found that there is no safe level of alcohol in the bloodstream when it comes to driving.
Four people were injured Monday night after a suspected drunk driver caused a three-car crash in Mission Valley. Among the injured, was a pregnant woman.
The chain-reaction collision happened in the 2400 block of Hotel Circle South just after 10pm.
According to San Diego police officers, the 43-year-old alleged drunk driver was driving a truck when it drifted across the roadway, striking a Nissan Versa head-on. A volvo then sideswiped the truck.
A 46-year-old man driving the Versa suffered a laceration to his hand and two passengers were also injured. A 50-year-old man who suffered fractures to his spine, leg and arm, and a 41-year-old pregnant woman who suffered broken ribs and fractured spine.
Another DUI accident in San Diego County claims the lives of two.
11 years. That was the sentenced handed down this week to a Navy sailor who drove drunk, then struck and killed an elderly couple as they took their daily walk.
Earl Decarlos Smith Jr., 21, pleaded guilty in October to gross vehicular manslaughter.
Police say he was driving east on Old Castle Road in Valley Center early in the morning on July 7th when his 2011 Toyota Corolla drifted to the right and struck the couple as they walked with their backs to traffic. Both victims died at the scene.
We are keeping a close eye on the case involving an 18-year-old who was allegedly on drugs when he fatally killed a man in a head-on freeway accident.
A judge this week ruled that Timothy Theodore Barnette must stand trial on charges of gross vehicular manslaughter while intoxicated and DUI causing injury, a judge ruled Wednesday.
The deadly crash happened in May, when Barnette’s Land Rover struck a car being driven by 22-year-old Nick Hart on the freeway in Rancho Penasquitos.
Witnesses reported seeing Barnette driving his vehicle erratically and at high speed just prior to the accident.
An elderly couple was struck and killed by a suspected drunk driver Sunday north of Valley Center.
Police say the driver, 20-year-old Earl Smith Jr., was driving on Old Castle Road near Mauka Driver early Sunday morning when his car drifted right into the elderly pedestrians. Authorities say the couple – a 79-year-old man and a 78-year-old woman – had been walking with their backs to traffic at the time. Both died at the scene.