Elderly Woman and Dog Killed in Pedestrian Accident

Yesterday morning in Temecula, an 87 year-old woman and her dog were run over and killed by a driver suspected of operating his vehicle while under the influence of prescription medication.  According to a story in the The Press Enterprise, the victim, Charlotte Boyce, 87, was struck after the driver ran his pickup onto the sidewalk Boyce and her dog were located.  Boyce died from her injuries at about 11:00 a.m. while at Inland Valley Regional Medical Center.  The accident reportedly occurred near Via Cordoba and Via Lucia. 

The driver of the truck, Harry Shane Scholes, 55, of Temecula, remained at the scene and was arrested on suspicion of vehicular manslaughter with gross negligence and DUI.  Citing official sources, the Enterprise reported Scholes was booked into the Southwest Detention Center in French Valley, with bail set at $50,000.  According to the Enterprise article, police believe Scholes was under the influence of a combination of prescription drugs when the collision happened.  He apparently has a history of DUI-related offenses dating back to at least 2006.

See The Press Enterprise story HERE.

This horribly tragic accident looks to have been the fault of a driver operating his vehicle while under the influence, at least based on the information provided thus far.  Here, if is shown the driver was operating his truck while under the influence of drugs, then he would be in violation of the California Vehicle Code and his negligence would be presumed.  However, in every civil case it must be established that such neglect was the legal cause of injury.  Under California law, causation is established by evidence that the defendant's conduct was a substantial factor in causing harm.  It must be more than a remote or trivial factor but does not have to be the only cause of the harm.  Here, at least based on the news report, there is no indication Boyce did anything to cause or contribute to this accident.

Compensation for the victims of intoxicated drivers should be an important concern for all Californians.  When a driver under the influence causes severe or fatal injuries, they should be held criminally and civilly accountable for the injuries and damages they cause.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured or killed by an intoxicated driver?

•  Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.