Sunday, August 4, 2013

Venice Boardwalk Tragedy, Driver Runs Down Twelve


On Saturday evening at about 6:00 p.m., the driver of a dark-colored sedan plowed through the busy boardwalk area at Venice Beach, killing one and injuring eleven others.  According to KTLA News, the incident happened near the intersection of Dudley Avenue and Ocean Front Walk, and witnesses described the driver as "moving purposefully" at about 20 mph through the crowded boardwalk.  The victim who suffered fatal injuries has been identified as Alice Gruppioni, 32, from Bologna, Italy.  Gruppioni was reportedly on her honeymoon when she was run down.  Some of the other victims were treated and released at the Ronald Reagan UCLA Medical Center, and they ranged in age from 19 to 75, according to a statement from the hospital.  The driver of the sedan has been identified as Nathan Campbell, 38, who apparently turned himself into Santa Monica police roughly one hour after the tragedy.  He has been booked for murder, according to the news report.

The Need For Barricades

When a tragedy like the one above occurs, the first question that might come to mind is: How did someone drive their car into an area where only pedestrians should be allowed?  From an aerial view of the area, it is easy to see that there is access to the boardwalk from a number of intersecting streets and the beach parking lot.  It is not clear what steps, if any, had been taken to limit the access of motor vehicles or prevent it altogether.  One way to perhaps prevent motor vehicles from driving through areas like this is with raised, concrete or metal pylons.  That type of barrier is actually used elsewhere on the Venice Boardwalk, and it would seem such a safety measure is warranted in areas where a driver might gain access to a number of pedestrians and victims.  

The Willful Act of the Driver

When someone behind the wheel of their car acts intentional to harm someone else, an insurance exclusion may work to deny the injured any meaningful compensation.  In the case above, assuming that Campbell was indeed acting purposefully when he ran down the pedestrians, his automobile insurance carrier does not have to provide coverage and compensation to the injured parties.  Under California law, a liability insurance policy does not cover "willful acts", when someone acts intentionally to harm their victim.  While the driver may be liable individually for the harm they cause, the reality is that such liability has little meaning when the driver has little to no assets with which to pay a judgment.  This is particularly true when the one causing the accident injures more than one person, as in the incident on the Venice Boardwalk.

If you have been injured or a family member killed in an auto versus pedestrian accident, contacting a personal injury attorney with experience at handling such claims is an important first step to evaluating the merit of the claim and obtaining compensation.

SOURCE:  Woman Killed in Venice Boardwalk Hit-and-Run Was on Honeymoon, KTLA News, Local News, August 4, 2013, by Ann Pride

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