Wednesday, November 28, 2012

Substance Abuse Counselor Arrested for Fatal DUI


Late Saturday night a substance abuse counselor was arrested after alleging killing a man while driving drunk in Torrance, according to a news report on KTLA.    The suspect, 51-year-old Sherri Wilkins, is accused of hitting a pedestrian and then driving for roughly two more miles with the victim embedded in her windshield.  Witnesses surrounded Wilkins' car at the intersection of Crenshaw Boulevard and 182nd Street and detained her until police arrived.  The 31-year-old victim, Philip Moreno, was pronounced dead at a local hospital.  According to the news report, Wilkins' blood-alcohol content was more than twice the legal limit.  She is a third-striker according to the news report and has been charged with murder.
A memorial fund has been set up for Moreno and donations may be made at the following:

TCCU (Torrance Community Credit Union)
Phillip Moreno Memorial Fund
Account # 953531-02
(310) 618-9111

Drunk Driving and Fatal Accidents

According to the Centers for Disease Control and Prevention, about 30 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver every single day.  This amounts to one death every 48 minutes.  In the case above, it is hard to imagine that an experienced substance abuse counselor would not appreciate the risk created when driving impaired.  In spite of the good she may have done in the past, Wilkins will likely be remembered for her role in bolstering the fatal DUI statistics mentioned above.  This tragic accident was entirely avoidable, and now we can never restore what the Moreno family has lost.

Wrongful Death Compensation In California

Since no criminal conviction and no amount of money will turn back the clock, the only thing we can do as a society to bring justice to the family of someone who died as a result of careless or criminal behavior is to compensate the survivors with money damages.  To some extent, at least as far as financial support is concerned, those damages may assist the family members in living the lives they would have enjoyed but for their loved one's death.  For example, money can be set up in a structure for young children so they can be provided at least adequate living conditions and an education.  For very small children this is often done by way of an annuity purchase that will provide for the children during their minority and even through their early adulthood.  Beyond this, surviving family members are entitled to be compensated for the loss of the love, society, care, comfort and affection the decedent would have provided...a difficult task.

In evaluating the potential recovery in a wrongful death case, an experienced personal injury attorney can provide essential guidance.  There are no formulas for calculating the value of a lost relationship and it is instead something that can be discerned best by experience with similar cases.  Every situation is different, and complicated issues of liability, damages, earning capacity and present value must be carefully addressed.

SOURCE:  KTLA News, " Substance Abuse Counselor Charged in Deadly DUI Crash", November 28, 2012.

Monday, November 19, 2012

The Killed in Long Beach Collision


According to KTLA news and the Belmont Shore-Naples Dispatch, two men were instantly killed and a third died in the hospital as a result of a traffic collision in Long Beach Saturday night.  The first two victims, Mark Martineau, 36, and Richard McAleavey, 54, were declared at the scene of the accident in the 2900 block of Redondo Avenue.  Reportedly, Martineau lost control of his  Dodge Ram when trying to change lanes, causing the vehicle to careen over a sidewalk and into a pylon beneath the 405 Freeway.  Another passenger, 36-year-old Terrence Harris, was badly injured and succumbed to his injuries on Sunday afternoon.  The crash is under investigation, but the driver may have been speeding and lost control in wet weather.  The Long Beach Police Department would like witnesses to call them at (562) 570-7355.

LONG BEACH TRAFFIC ACCIDENTS

According to the California Office of Traffic Safety, the City of Long Beach ranks 10th/9th out of the 13 cities in Los Angeles County with a population of more than 250,000 residents, in terms of injury and fatal accidents.  In 2010, there were 1,874 injury or fatal accidents in Long Beach.  Of those accidents, 254 were reportedly speed related, as may have been the case in the accident above.  From a quick review of the scene via Google Maps, there does not appear to be anything unusual or dangerous about this particular area of Redondo Avenue.  To the contrary, the roadway appears flat and straight with virtually no obstacles of any kind.  Absent other information to the contrary, this tragic, triple-fatality accident would appear to be the result of driver negligence.

WRONGFUL DEATH RECOVERY

The families of McAleavey and Harris would appear to have the right to pursue claims for wrongful death against the insurance carrier for Martineau and/or his estate.  Under California law, surviving family members (typically the spouse and children) have the right to pursue claims for the loss of the society, care, comfort, affection, love and support their loved one would otherwise have provided.  Claims such as this are generally unlimited in terms of the amount the family can recover, except in the context of a medical malpractice case.  What does impact the recoverable compensation are factors such as the amount the deceased provided in the way of financial support and the closeness of the relationship with the family left behind.

An experienced Orange County personal injury attorney is perhaps in the best position to assess the above factors and the best approach to a wrongful death claim.