A 55-year-old man was killed and a 47-year-old woman arrested on suspicion of driving under the influence of drugs following a head-on crash Monday in Fallbrook, authorities said. The collision, which involved a Ford Mustang and Toyota Tacoma, was reported about 1:20 p.m. on East Mission Road near Live Oak Park Road, California Highway Patrol officials said. Both drivers were trapped in their vehicles, sustained major injuries, and were taken to Palomar Medical Center in Escondido, CHP spokesman Officer Mark Latulippe said. The Tacoma’s driver, a 55-year-old Fallbrook man, died at the hospital and the Mustang’s driver, a 47-year-old Fallbrook woman, was arrested on suspicion of driving under the influence of drugs. She remained hospitalized Monday night with major injuries.

Fault.

Under California law, everyone is responsible, not only for the result of their own willful acts, but also for an injury, or wrongful death occurrence during the course of ordinary care. This means that if a driver is responsible for any part of activities that led to injury, or wrongful death, the compensation will be adjusted in accordance with the assignment of  fault to each driver.  An experienced attorney can initiate a wrongful death legal action within California’s two year statute of limitations.

Damage compensation.

California motor vehicle accident injuries are at the root of legal action in pursuit of economic, and non-economic damages.  In addition, California Civil Code 3294 allows a jury to award punitive damages in a personal injury case, but the plaintiff must prove by clear and convincing evidence that the defendant’s conduct amounted to malice, oppression, or fraud. A DUI manslaughter charge may support an award for punitive damages.

DUI manslaughter causing death to any other human is considered a felony. DUI manslaughter occurs when a person that has consumed alcohol or drugs drives a motor vehicle and gets into an accident where another person is killed.

  • Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses, and
  • Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
  • Punitive damages are considered under California law and are based on occasions where an individual’s actions were reckless, intention, egregious and harmful and caused the injury.

Hire an attorney.

An experienced accident attorney can initiate legal action after a loved one is injured, or killed in a car accident near San Diego California.  Seek counsel at Jeffrey E. Estes & Associates immediately after a car accident causes harmful personal injury.

 

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/2020-08-24/two-seriously-hurt-in-head-on-crash-in-fallbrook-area

 

https://california.public.law/codes/ca_civ_code_section_3294

 

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/index.cfm