101 Freeway Accident - One Killed and Two Seriously Injured in Suspected DUI Crash

On Sunday morning at about 4:00 a.m., a 24-year-old man was killed and his two passengers were badly injured in a rear-end accident on the 101 Freeway in Encino.  According to the ABC News Report, the victim's car, a Toyota Scion, had stalled on the freeway just before  the fatal accident.  The driver of the Scion, Alfredo Alvara, got out of his vehicle before he and his car were struck by a Toyota Forerunner, driven by a suspected drunk driver, 30-year-old Robert Graves of Reseda.  The two passengers in the Scion, 30-year-old Erica Monge and 23-year-old Teresa Oporto, were critically injured.  Graves and his passenger suffered only minor injuries.  According to the news report, Graves is now facing DUI and manslaughter charges.  

Dangerous Times to Drive

The accident above happened at about 4:00 a.m., when there are generally fewer cars on the road.  In fact, the fewest crash-related deaths occur between 4:00 a.m. and 5:00 a.m., according to the National Highway Traffic Safety Administration.  However, the instances of drunk driving, speeding and driving without a safety belt all significantly increase during the night hours and each contributes directly to increased fatality rates, according to a Forbes report.  In the case above, the driver who rear-ended the stalled vehicle is suspected of driving drunk, and 54% of crashes occurring at night are alcohol-related.  While it is conceivable that intoxication may not have played a role in the accident, the suspected drunk driver would have to convince a jury that he could not see the Alvara vehicle stalled in the roadway in sufficient time to avoid a collision.  Whether the Scion's lights were on, whether the emergency flashes were illuminated and the amount of artificial/street lighting in the area will all be factors in making this determination.

If you have been injured or a loved one killed in a DUI-related accident, contacting an experienced auto accident attorney is perhaps the best way to learn about your rights and the merit of a claim.

SOURCE:  101 Freeway crash in Encino: Driver of stalled car hit, killed, ABC Los Angeles News, July 28, 2013, by Amy Powell