Motorcyclist Dies in Crash Believed to be Alcohol-Related
Posted on : December 13, 2017
by : Carlos Alvarez Tostado
A recent crash in the Egger Highlands neighborhood of San Diego resulted in the death of a motorcyclist. Police arrested the driver of the SUV who caused the fatal crash on suspicion of driving under the influence.
Drunk driver causes fatal crash
The South Bay accident occurred at the intersection of Thermal Avenue and Coronado Avenue in Egger Highlands at around 7pm. A 29-year-old man driving a Dodge Durango attempted to turn left from Coronado Avenue onto Thermal Avenue. In doing so, he crossed into the direct path of a Honda Shadow motorcycle traveling east on Coronado. The Durango struck the motorcycle and sent the 24-year-old man riding it into the windshield of a Nissan Altima that was stopped at a red light while heading north on Thermal. Sheriff’s deputies and paramedics attempted to resuscitate the man, but he was ultimately declared dead at the scene of the accident. The driver of the Durango was arrested on suspicion of DUI causing death as well as gross vehicular manslaughter.
Victims of drunk driving crashes can seek damages
Drunk driving is one of the leading causes of fatal crashes. The National Highway Traffic Safety Administration estimates that 28% of all fatal accidents in 2016 involved a driver who had a blood alcohol level of .08% or higher. In California, causing an accident while drunk can come with not only criminal consequences, but also monetary consequences. Drunk driving victims can seek damages against the at-fault driver through a civil lawsuit. Typically, these victims will wait until the conclusion of the driver’s criminal trial, and they can use the evidence of a DUI conviction to support a claim for money damages in civil court.
The doctrine of “negligence per se” dictates that, if the defendant in a civil lawsuit has been convicted of breaking a law intended to prevent the sort of harm suffered by the plaintiff, then the defendant will be found negligent and held liable for the plaintiff’s damages without the plaintiff providing independent proof of the defendant’s fault. Even if the defendant is not convicted of a DUI, victims may use evidence that a driver had been under the influence of alcohol at the time of an accident as evidence that the driver was negligent and responsible for the crash.
If you or someone you love has been injured in a Southern California car or motorcycle accident, get help recovering the damages you’re owed by contacting the experienced and effective San Diego motor vehicle accident and wrongful death lawyers at the Banker’s Hill Law Firm for a free consultation at 619-230-0330.