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September 1, 2010

Mother and Two Children Struck by Tow Truck Driver in Oxnard Crosswalk

simon-vineyard.jpgA tow truck driver was arrested Tuesday afternoon after striking a mom and her two young children in a marked crosswalk in Oxnard. The accident occurred at the intersection of Vineyard Boulevard and Simon Way. According to police, the tow truck driver was turning left from westbound Simon Way to southbound Vineyard Avenue on a green light. The young mother, Alma Lopez, 19, was pushing her stroller across Vineyard on a green light in a marked crosswalk. Lopez was struck by the tow truck, driven by Mehran Khamseh, 45, of Santa Barbara, and thrown to the ground, and the stroller was pinned under the flatbed truck and dragged more than a quarter of a mile. The accident occurred at about 12:07 p.m. Tuesday.

Lopez suffered moderate injuries and her two children, a 3-year-old girl and a 1-year-old boy, suffered critical injuries. They were treated at Ventura County Medical Center. Khamseh was later arrested on suspicion of driving under the influence of drugs. According to the Ventura County Star, Khamseh was held in jail without bail on suspicion of DUI, parole hold and immigration hold. Court records showed several prior traffic infractions. Khamseh was also convicted in 2008 of making terrorist threats and petty theft with a prior, both felonies.

Cause of the Major Injury Crash

The Oxnard Police Department is still continuing their investigation. Anyone with information about this major injury collision is asked to contact Officer Maria Pena of the Oxnard PD at 805-385-7750. However, if news reports are accurate, this crash was almost certainly caused by the driver of the tow truck.

Pedestrian Knockdown Accidents and Personal Injury Liability

This accident has unique legal issues because it involved a tow truck (as opposed to a passenger vehicle). If Khamseh was driving a company-owned tow truck, the towing company may be liable for the injuries of the three victims, including medical expenses, future medical care costs, lost earnings related to the victims' injuries, and pain and suffering. In situations where gross negligence or drug or alcohol use are involved, punitive damages may also be available. While this crash remains under investigation, the family members of the three victims would be well-advised to speak with an experienced personal injury attorney as soon as possible. A skilled and knowledgeable lawyer who has represented victims of pedestrian accidents involving commercial vehicles can help the victims' family protect their legal rights to ensure they receive nothing less than the maximum compensation they are entitled to.

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August 23, 2010

Diamond Bar Woman Killed in Suspected DUI Crash in Anaheim

ca-57.pngA 22-year-old Diamond Bar woman tragically was killed Sunday night in a likely alcohol-related crash in Anaheim, the Orange County Sheriff-Coroner reported. The accident occurred on the southbound 57 Freeway (Orange Freeway), near the 91 Freeway (Riverside Freeway), at about 11:15 p.m. on Sunday, August 22, 2010. The victim, Mai Hayakawa, 22, was a passenger in a 2003 Toyota Celica driven by Michael Keating, 24, of Fullerton.

Keating, who was later arrested on suspicion of driving under the influence of alcohol, was attempting to merge onto westbound 91. He reportedly sped up to pass a big-rig on the shoulder, and lost control of his vehicle. The Celica veered down an embankment and struck a palm tree. Hawakawa died at the scene of the crash. Keating and a 22-year-old woman in the backseat of the vehicle suffered minor injuries and were taken to UCI Medical Center.

Cause of the Crash

The cause of the fatal 57 Freeway crash remains under investigation by the CHP. However, if news reports are accurate, this fatal solo-vehicle Orange County crash was caused by the suspected drunk driver of the vehicle. Under the California Vehicle Code Section 23152 (a), "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

DUI Accidents and Wrongful Death Liability

If Michael Keating is determined to have caused the accident, he may face criminal charges for driving under the influence of alcohol and the death he is suspected to have caused. In addition to criminal charges, he may also be held liable and financially responsible for Hayakawa's death in a California wrongful death claim. While this fatal 57 Freeway accident remains under investigation, the family members of Mai Hayakawa may benefit from talking to a Southern California drunk driving injury lawyer about this accident and the family's legal rights and options. Damages awarded in a wrongful death claim may include compensation for final medical expenses, anticipated future lifetime earnings of the decedent, and loss of love, care and companionship.

Continue reading "Diamond Bar Woman Killed in Suspected DUI Crash in Anaheim " »

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July 26, 2010

Rancho Cucamonga Woman Killed in Suspected DUI Crash

alcohol-driving.jpgA 26-year-old Rancho Cucamonga woman who was a passenger in a Porsche died early Saturday morning in a suspected DUI crash in Santa Clarita, the Santa Clarita Valley Signal reported. The solo accident occurred on northbound Bouquet Canyon Road, just north of Texas Canyon Road, shortly after 2 a.m.

The driver of the 2001 Porsche, 24-year-old Michael Hemperly Jr. of Palmdale, lost control of his vehicle at an unknown speed and for unknown reasons. The passenger side of the vehicle struck a tree, and the passenger, 26-year-old Marissa Hodges of Rancho Cucamonga, who was reportedly not restrained, died at the scene of the crash.

Hemperly, who was wearing a seatbelt, suffered only minor injuries and was taken to Henry Mayo Newhall Memorial Hospital. He was arrested on suspicion of driving under the influence causing great bodily injury and booked at the Santa Clarita Valley Sheriff's Station at about 5 a.m., where he was held on $130,000 bail.

Cause of the Bouquet Canyon Road Accident

The CHP is investigating the cause of the accident and are investigating the speed of the vehicle and all possible contributing factors. However, if news reports are accurate, drunk driving caused this fatal accident. Under the California Vehicle Code Section 23152 (a), "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

Continue reading "Rancho Cucamonga Woman Killed in Suspected DUI Crash" »

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July 5, 2010

Suspected Drunk Driver Arrested after Passenger Dies in Ventura County Crash

A 22-year-old Carpinteria woman died early Sunday morning after an early morning crash caused by a suspected drunk driver, the Ventura County Star reported. The victim, Elizabeth Gonzalez, was one of two passengers in a vehicle driven by Alma Ruiz, 29, of Santa Barbara. Around 2 a.m., Ruiz was driving eastbound on Bates Ranch Road, near Highway 101 and Rincon Beach Park, when she apparently lost control of her vehicle on a curve and struck a power pole. The pole was sheared off at its base and fell into the road. The car directly behind Ruiz's car also crashed into the wreckage. Ruiz and the other passenger in her vehicle, Yahaira Martinez, 21, of Carpentaria, both suffered moderate injuries. Gonzalez died of her injuries at the scene of the accident.

The cause of the July 4th Bates Ranch Road accident remains under investigation by the California Highway Patrol. However, if news reports are accurate, this accident was caused by the suspected drunk driver, Alma Ruiz, who was arrested following the crash. It is always heartbreaking when anyone dies or is seriously hurt in a collision caused by a drunk driver. Drunk driving is an epidemic that is 100% preventable.

Driver Liability for Passenger Wrongful Death

When a driver causes an accident that results in injury or death to passengers, that driver may be liable for the passengers' serious injuries or wrongful death. In situations such as this one, the family members of the victims are well-advised to contact a California wrongful death attorney about the accident, and the possibility of holding the suspected drunk driver accountable the accident she caused in a personal injury or wrongful death action. Damages obtained in a wrongful death claim may include compensation for funeral and burial expenses, anticipated future earnings and wages, and loss of love, care, and companionship. Personal injury claim damages may include compensation for medical expenses, lost earnings and pain and suffering. In some cases involving drunk drivers, punitive damages may also be available.

Continue reading "Suspected Drunk Driver Arrested after Passenger Dies in Ventura County Crash " »

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June 14, 2010

Driver Facing Vehicular Manslaughter Charges After Rancho Cucamonga Man Killed in Head-On Collision

A Rancho Cucamonga resident died Sunday night after a head-on collision on Church Street in Rancho Cucamonga, police reported. The accident occurred at about 9:13 p.m. on Church Street, near the intersection of Elm Avenue. According to the San Bernardino County Sheriff-Coroner Department, the victim, Paul Martin, 64, of Rancho Cucamonga, was driving east in his 2007 Hummer H3 on Church Street near Elm Avenue. At the same time Albert Ruiz, 23, of Rancho Cucamonga, was driving his 2005 Nissan Sentra westbound on Church Street.

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Ruiz's Nissan reportedly struck the north curb and then crossed the center median and into westbound traffic. The front of the Sentra collided with the driver's door of Martin's Hummer. Both Martin and Ruiz were transported to local hospitals. Martin died of his injuries at San Antonio Community Hospital. Ruiz was treated for minor injuries at Arrowhead Regional Medical Center in Colton and later booked on charges of Vehicular Manslaughter, PC 192(C)(1) at the West Valley Detention Center.

Cause of the Crash

The Rancho Cucamonga Major Accident Investigations Team is investigating the cause of the June 13th accident. According to the San Bernardino Sun, blood tests taken at the hospital showed Albert Ruiz's blood-alcohol level was twice the legal limit. Ruiz is facing criminal charges for this accident and the resulting death of Paul Martin.

Wrongful Death Liability Considerations

In addition to the criminal charges, Ruiz may also potentially be held civilly liable and financially accountable his actions in a wrongful death claim, along with any other parties responsible for this crash. While this sadly preventable accident remains under investigation, the family of Paul Martin would be well-advised to contact a skilled California wrongful death attorney about this suspected DUI accident and the family's legal rights, and holding the at-fault driver accountable. Compensation from a wrongful death claim can include monetary damages for final medical expenses, funeral and burial expenses, anticipated future income of the decedent, and loss of love, care and companionship. In some situations where a driver is drunk, additional punitive damages may also be obtained.

Continue reading "Driver Facing Vehicular Manslaughter Charges After Rancho Cucamonga Man Killed in Head-On Collision" »

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May 17, 2010

Two Killed, Two Injured in Muscoy Car Accident; Driver Arrested

fallenrose.jpgA 12-year-old Los Angeles girl and her 21-year-old cousin tragically died Sunday night when a suspected drunk driver ran a stop sign and struck the vehicle they were riding in, the San Bernardino Sun reported today.

The fatal intersection accident occurred at North Macy Street and Mesa at 8:25 p.m., the San Bernardino County Sheriff-Coroner said in a press release. According to reports, the 12-year-old girl, Sandra Ceballos, was a passenger in the rear-middle seat of a silver 2004 Kia Optima travelling southbound on North Macy Street in Muscoy. Her cousin, Timothy Sigala Jr., the front seat passenger, was critically injured.

A 1998 Chevy pickup truck travelling eastbound on Mesa reportedly failed to stop at the stop-sign and broadsided the Kia. The collision forced the Kia into a wooden fence and the vehicle came to rest against a nearby palm tree.

San Bernardino Fire Department responders arrived at the scene approximately five minutes after the crash and found Ceballos dead at the scene. Timothy Sigala Jr. was taken to Loma Linda University Medical Center, where he was removed from life support Monday night. Ceballos' mother and 14-year-old brother were also badly injured in the accident.

Our sympathy and condolences out to the family of Sandra Ceballos and Timothy Sigala and everyone who knew and loved them. Please keep their family in your prayers. We hope the others hurt in this crash make a full recovery.

Cause of the Crash

Although the cause of the accident is still under investigation by the CHP, the San Bernardino Sun stated that the driver of the Chevy ran a stop sign. The Press-Enterprise reported Monday that the driver of the Chevy, Alexander Velasco, 21, of San Bernardino, was arrested on suspicion of driving under the influence of alcohol. If news reports are accurate, the driver of the Chevy truck caused this crash by making the decision to drink and drive. Crashes caused by drunk drivers are 100% preventable.

DUI Laws in California

Driving while under the influence of alcohol or drugs is against the law under California Vehicle Code (CVC) § 23152(1), which states "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." The driver, if he was determined to be under the influence of alcohol, will likely face charges of vehicular manslaughter for the death of the young girl killed in this crash. Under California Penal Code § 191.5 (a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Continue reading "Two Killed, Two Injured in Muscoy Car Accident; Driver Arrested " »

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May 14, 2010

Father and Daughter Taken to Hospital after Car Plows into Downey Home

downey-accident.jpgThe driver of a Jeep Wrangler was arrested early Friday morning after he plowed into a home in Downey, directly into the bedroom where a 6-year-old girl was sleeping, the Contra Costa Times reported. According to Downey Police, the suspected drunken driving crash was reported at Brookshire Avenue and Stewart and Gray Road about 1:45 a.m.

A man and his daughter living at the home were taken to the hospital with non-life-threatening injuries. The man's wife was staying at a nearby hospital, having just given birth to her second child the day before. The driver of the Jeep, who was not identified, tried to flee the crash on foot. However, neighbors who were awakened by the sound of the crash, chased and caught the man and held him until police arrived. A passenger in the Jeep was pinned and had to be extricated by firefighters.

Cause of the Crash and Liability Issues

Although the cause of this accident is still under investigation by Downey Police, if news reports are accurate, this Los Angeles crash is the fault of the suspected drunken driver. He will likely be liable for both the man and his daughter's injuries as a result of this crash, and also the damage to their home. While this incident is still under investigation, the family of the two injured victims would be well-advised to consult with a Los Angeles personal injury lawyer as soon as possible. An attorney can explain their legal rights and any unique legal issues to this case, and help them obtain justice for their injuries, including compensation for their medical expenses, lost earnings, and emotional pain and suffering.

Continue reading "Father and Daughter Taken to Hospital after Car Plows into Downey Home " »

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April 26, 2010

Suspected Drunken Driver Kills Motorist in Highway 138 Crash During CHP Pursuit in Phelan

chp-lights-small.jpgAn innocent driver died Friday afternoon after a head-on collision caused by a suspected drunk driver in San Bernardino County, authorities reported. The Phelan crash happened after a woman led a California Highway Patrol officer on a five mile pursuit at speeds of up to 100 mph on Hwy 138, near the Cajon Pass. According to reports in the Inland Valley Daily Bulletin, the pursuit began when a CHP officer noticed a gray Toyota Corolla cross a double yellow line into oncoming traffic. The officer tried to pull over the woman, and she slowed down and began to pull off the road, but then accelerated and began weaving in and out of traffic. After about five miles, the driver of the Corolla again crossed the center line on the 138 freeway and struck a Chevrolet Camaro head-on. The collision occurred east of Sayle Road in Phelan, the Orange County Register reported.

The driver of the Camaro, a 46-year-old Santa Ana man, was killed instantly. The speeding driver suspected of being under the influence of alcohol, Zimmie Lynn Burnath, was taken to Arrowhead Regional Medical Center in Colton with major injuries.

Vehicular Pursuit Accidents

The California Highway Patrol defines a vehicular pursuit as, "An event involving one or more law enforcement officers attempting to apprehend a suspect operating a motor vehicle while the suspect is attempting to avoid arrest (or detention) by using high speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to the officer's signal to stop."

About 360 people die each year in accidents involving a pursuit or chase by law enforcement. More than half of victims of police-chase involved fatalities are innocent victims, and not the fleeing suspect. All law enforcement agencies, including the California Highway Patrol, have polices in place that govern how pursuits are handled, and when a pursuit should be discontinued if there is a risk of injury to the public.

High-Speed Pursuits and Wrongful Death Liability

If the news reports are correct, the driver of the Corolla was driving irresponsibly and recklessly and caused this crash. However, in any situtation where an innocent person is killed during a law enforcement pursuit, there is always the question of whether the accident could have been prevented by law enforcement, and was the chase really worth the risk of other people's lives? Would there have been a fatality if the CHP did not chase this vehicle?

According to an article last week in USA Today, about 35% of all police chases end in crashes. Fatality accidents involving CHP, police, or sheriff pursuits have unique legal issues. Police pursuits are dangerous, but in some cases, allowing police chase suspects at high speeds is even more dangerous, as we saw in this April 23rd crash in Phelan.

While this accident is under investigation, the family of the victim would be well advised to speak with a California wrongful death lawyer. An attorney familiar with the pursuit policies of the law enforcement agency involved in a crash can help the family determine their legal rights in a possible wrongful death claim.

Continue reading "Suspected Drunken Driver Kills Motorist in Highway 138 Crash During CHP Pursuit in Phelan" »

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April 12, 2010

11-Year-old Downey Girl Killed in Interstate 40 Rollover Accident

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An 11-year-old Downey girl was tragically killed Friday, April 9, 2010 in a solo-vehicle rollover accident on Interstate 40, east of Barstow, authorities reported. The Barstow City Fire Department and the California Highway Patrol responded to reports of the crash, which occurred just before 8 p.m. on westbound I-40 near Fort Cady Road in Newberry Springs. The San Bernardino County Sheriff-Coroner identified the victim as Caitlyn Montero, 11, of Downey. According to the CHP, Caitlyn's mother, Lori Montero, was driving the family's 2004 Chevrolet when she allowed the vehicle to drift into the center median. She then overcorrected, causing the vehicle to overturn multiple times. Caitlyn was ejected and died at the scene of the crash.

According to reports in the Desert Dispatch, Lori Montero was under the influence of alcohol at the time of the accident. She is facing charges for her daughter's death. Caitlyn's 10-year-old brother and a 43-year-old man in the car were also injured in the crash.

This horrific accident is absolutely heartbreaking, and we are deeply saddened for the death of young Caitlyn. Sadly, her death is only one of several hundred child fatalities every year that result from alcohol intoxication of an adult. An estimated 25% of child fatalities from motor vehicle accidents are alcohol related. Shockingly, 68% of children involved in alcohol-related crashes are in the vehicle with the intoxicated driver.

Child Endangerment Laws

California is one of many states that has a child endangerment statute to punish drunk drivers who transport minors. In non-injury offenses, if a minor passenger is under 14 years old, the state enhances existing DUI penalties by 48 hours in jail for a first offense up to 90 days in jail for multiple offenses. Furthermore, a DUI offender with a passenger who is a minor may also be convicted of child endangerment, which is a misdemeanor punishable by imprisonment in the county jail for up to one year, or in state prison for up to six years.

Continue reading "11-Year-old Downey Girl Killed in Interstate 40 Rollover Accident " »

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April 12, 2010

Teen and Toddler Critically Injured April 11th in Suspected DUI Crash in Cathedral City

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A 17-year-old girl and a two-year-old child suffered catastrophic injuries when they were struck by a driver suspected to be under the influence of marijuana and other drugs who was driving in reverse in a Cathedral City neighborhood. The accident happened at around 7 p.m. Sunday April 12th at the corner of El Canto Road and Santoro Drive, two blocks south of McCallum Way.

The suspected drunk driver, Cesar Adrian Munoz-Jiminez, backed into the teen, who was holding the toddler. The teenager suffered a partial amputation of her leg, and the toddler who was thrown from her arms sustained serious head injuries. Munoz-Jiminez struck two other vehicles before his vehicle came to a stop against the house. Witnesses detained the suspected drunk driver until law enforcement arrived. He was arrested on suspicion of driving under the influence of alcohol, but could face additional charges pending the investigation.

Who Was At Fault?

If the news reports of this tragic accident are accurate, Munoz-Jiminez is at fault for this crash. Police are still investigating, and are looking for a teen driver who was in one of the vehicles that was struck and drove away. Anyone with information is asked to call Valley Crime Stoppers (760) 341-STOP. While this accident is under investigation, the families of the victims should contact a Riverside personal injury attorney about their legal rights following this accident. Driving under the influence of alcohol or drugs is against the law under California Vehicle Code § 23152. In addition to criminal charges for his actions, Munoz-Jiminez may be held financially accountable for his actions in a civil personal injury claim. An personal injury attorney can help the victims ensure they receive the full and fair compensation they are entitled to for their injuries, which may be substantial.

Continue reading "Teen and Toddler Critically Injured April 11th in Suspected DUI Crash in Cathedral City " »

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February 22, 2010

Five People Injured in Napa Crash on Hwy 221

CA-221.pngFive people were injured Sunday afternoon in a wrong way crash on Highway 221 in Napa, the California Highway Patrol reported. The crash occurred around 1:30 p.m. According to reports in the Napa Valley Register, Michael Meehan 61, was reportedly driving a 2003 Toyota Tacoma the wrong way (northbound) on Highway 221 when he collided with a southbound 2001 Oldsmobile Alero.

Meehan suffered major injuries in the Napa County crash, and was later arrested on suspicion of driving under the influence of drugs or alcohol. The driver of the Oldsmobile, a 22-year-old Vallejo man, suffered major injuries. Three other passengers in the Oldsmobile, a 23-year-old, a 22-year-old, and a 17-year-old also suffered injuries ranging from major to moderate. All parties were taken by ambulance to Queen of the Valley Medical Center.

We hope each of the young people injured in the Oldsmobile make a full and quick recovery. If the facts of this accident are accurate, the driver of the Toyota is at fault for this wrong-way head-on collision and was acting irresponsibly by driving under the influence of alcohol. The four injured victims in the Oldsmobile would be well-advised to speak with an experienced California highway accident lawyer who will protect their rights and help them recover the maximum compensation they deserve for their serious injuries.

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February 19, 2010

One Killed, One Injured in Suspected DUI Crash in Bakersfield

lerdo-highway.jpgBeer cans were strewn across a field at the scene of an SUV rollover accident in Bakersfield early Friday morning that killed a passenger and injured the driver. California Highway Patrol investigators believe alcohol was a factor in the crash. The accident occurred on Lerdo Highway, a short distance east of Interstate 5, sometime before 6 a.m. on February 19.

Both the driver and passenger were ejected from the Chevrolet Suburban. The driver, Javier Moreno, of Lost Hills, was flown to Kern Medical Center with serious head and neck injuries. He was arrested on suspicion of driving under the influence of alcohol. The passenger, who was not identified, died at the scene of the crash. According to the CHP, neither the driver nor the passenger was wearing seat belts.

This tragic accident is another painful reminder of the potentially deadly consequences of drinking and driving. Our sympathy goes out to the family of the man who died in this unfortunate, preventable accident. While the cause of this crash is under investigation, the family of the victim killed in this accident may benefit from speaking to a California wrongful death attorney who can help them understand and protect their legal rights.

Continue reading "One Killed, One Injured in Suspected DUI Crash in Bakersfield " »

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February 15, 2010

Costa Mesa Man Arrested After Fatal Crash

handcuffs.jpgA 22-year-old Costa Mesa man was arrested early Sunday morning following a fatal intersection accident around 2:30 a.m. in Orange County. Gustavo Adrian Vega was driving a white 2008 Toyota Tundra southbound on S. Flower Street, when he ran a red light at Sunflower Avenue and Sakioka Drive, colliding with a 2008 Toyota Corolla driven by Hao A. Nguyen. The Tundra struck the passenger side of the Corolla and killed 20-year-old Cara A. Lee, from Santa Ana. Authorities reported Vega had gotten into a previous collision in Santa Ana and was fleeing the scene of that crash when the fatal accident occurred. The driver of the Corolla, Hao Nguyen, was also arrested on suspicion of driving under the influence.

The February 14th accident is the first DUI-related fatality in Costa Mesa this year. Vega, who suffered only minor scrapes, was arrested on suspicion of murder, felony hit and run, driving under the influence, and possession of a controlled substance. He is being held in lieu of $1.05 million bail.

Please keep the family of Cara Lee in your prayers. Our thoughts go out to everyone who knew and loved her. What a devastating loss.

This fatal Orange County accident is a heartbreaking reminder of the potentially fatal consequences of drinking and driving. When car accidents are caused by the reckless, thoughtless actions of another, family members of the deceased victims may seek compensation in a wrongful death claim to cover funeral and burial expenses, loss of companionship and pain and suffering. An experienced California wrongful death attorney can help victims protect their rights and recover the compensation they are rightfully entitled to.

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January 12, 2010

12-Year-Old Skateboarder Struck by Drunk Driver in Hesperia

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A man suspected of driving under the influence of alcohol was arrested Sunday night after striking a 12-year-old boy riding a skateboard in Hesperia. The boy was struck by the suspected drunk driver's truck near Lime Street and E Street. The Victorville Daily Press reported the child suffered serious injuries, including major head trauma and a possible compound fracture of one of his legs. He was flown to Arrowhead Regional Medical Center.

Authorities conducted a field sobriety test and concluded that Todd Dean Thomas, 39, the driver of the truck that struck the boy, was under the influence of alcohol. The arrest was the second incident involving a suspected drunk driver in Hesperia on January 10.

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January 5, 2010

DUI Suspected in Highway 46 Crash that Killed Three

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Three people were killed in a head-on crash on Highway 46 on New Years Day. The fatal accident occurred just after 10 a.m. on Friday, January 1, 20910 in Kern County, just eastbound of the San Luis Obispo - Kern County Line.

According to California Highway Patrol reports, Herculano Hernandez, 23, of Delano, driving a 2000 Ford eastbound on Highway 47, rear-ended a Honda travelling in front of it. The collision sent the Honda into westbound lanes, causing it to crash head-on into a westbound truck. Hernandez was not injured in the crash and was arrested at the scene. He faces charges of felony driving under the influence causing injuries or death.

The victims in the Honda included a 21-year-old Shandon man and his 49-year-old mother. Both died at the scene of the crash. The driver of the truck, a 71-year-old Bakersfield man, was taken to Community Regional Medical Center in Fresno, where he died. His 68-year-old wife was taken to Twin Cities Community Hospital with major injuries.

KGET news reported that Hernandez had a BAC (blood alcohol content) over the legal limit and was probably speeding. In a jailhouse interview, Hernandez admitted to drinking earlier that morning with friends. The CHP also said that Hernandez had a prior DUI conviction, and when arrested, had been driving without a license.

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