Wednesday, March 6, 2013

Multi-Vehicle Crash in Lake Mathews Leaves One Dead

In a head-on collision early Sunday morning, an elderly driver was killed and four people were injured.  According to the article in the Press Enterprise, 69-year-old Juan Velazquez was driving a Toyota Yaris when he crossed over the center line on Cajalco Road, just east of Gavilan Road in Lake Mathews.  The Yaris struck a Chevy Silverado being driven by Refugio Garcia of San Jacinto, who suffered major injuries.  Another passenger in the Silverado, Blanca Garcia, sustained minor injuries, but two children in the car were badly hurt.  A boy in the Yaris reportedly sustained minor injuries.

The Scene of the Accident and Driver Fatigue

The area of the accident on Cajalco Road is generally rural and has fairly profound curves.  It is possible that Velazquez drifted over the center line in a turn because of inattention or some other factor.  Given the timing of the accident, at approximately 3:30 a.m., fatigue or driver distraction may well have played a role.  According to the U.S. Department of Transportation, driving between the hours of 12:00 a.m. and 6:00 a.m. heightens the risk of an accident due to driver fatigue.

Apportionment of Insurance

As with most multi-party accidents, apportionment of the insurance policy of the responsible driver will likely be an issue requiring careful attention.  Assuming Mr. Velazquez is determined to be at fault, his insurance policy would be the primary policy to be divided among all injured parties.  If those in the Garcia vehicle were covered by a policy with uninsured/underinsured motorist provisions, with a higher limit than the Velazquez policy, then that policy would be secondary.  Coverage would then be available up to the total of the UM/UIM limits of the Garcia insurance policy.

Multi-party automobile accidents like the one above often involve complicated issues of fault, apportionment and insurance law.  A seasoned auto accident attorney can ensure maximum compensation is recovered for the injuries you or a family member sustain.

SOURCE: LAKE MATHEWS:  1 dead, four hurt in head-on wreck, Press Enterprise, March 4, 2013, by Brian Rokos

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