Wrong-Way Crash in Oceanside
Law enforcement investigators believe that alcohol impairment caused a deadly wreck on State Route 76 in Oceanside.
Police said the man, who was in his 30s, was driving a tan Buick Century the wrong way on eastbound SR-76, west of Melrose Drive, when he collided with a white Honda Clarity shortly before 9:30 p.m.
He died before he could be taken to a hospital.
Car Crash Injuries
Every year, vehicle collisions kill or seriously injure millions of Americans. Quite simply, today’s cars and trucks are so big and fast that the safety innovations deployed over the past few years, while significant, can’t keep pace. Ever since ramshackle Model-T Fords puttered along dirt roads, vehicle engineers have always prized power and performance over occupant safety.
Serious car crash injuries in California are usually permanent, at least to some extent. These serious injuries include:
- Internal Injuries: Due to the violent motion of a car crash, internal organs smash and grind against each other. SInce these organs don’t have protective skin layers, slight abrasions bleed very badly. This slow, steady bleeding is hard to pinpoint and even harder to control.
- Broken Bones: Nearly all car crash victims break their arms and/or legs, at least in some places. Airbags and seat belts don’t stop these injuries. The extreme force basically crushes these bones. So, doctors must use extreme measures to surgically reconstruct them, and physical therapists must use extreme measures to restore lost function.
- Head Injuries: Contrary to popular myth, the brain doesn’t fit snugly inside the skull, like a hand in a glove. Instead, the skull is a large water tank that suspends the small brain in cerebrospinal fluid. Any excess motion causes the brain to slam against the skull. The resulting brain bleeding and swelling is often the official cause of death in car crash cases.
Vehicle collisions cause other kinds of brain injuries as well, such as Post Traumatic Stress Disorder. The sheer terror of another vehicle headed straight toward yours is more than enough to trigger a chemical imbalance in the brain that causes symptoms like flashbacks and nightmares.
The average-injury related medical bill is over $40,000. Most group health insurance companies exclude such costs. Fortunately, a Carlsbad car accident lawyer obtains money to pay the medical bills that insurance doesn’t pay. An attorney also obtains compensation for noneconomic losses, such as pain and suffering.
Alcohol Impairment and Alcohol Intoxication
In criminal court, there’s a difference between alcohol impairment (partial loss of mental or physical faculties) and alcohol intoxication (complete loss of physical or mental functions). Usually, only intoxication is illegal. But to an Oceanside personal injury lawyer, these two conditions are the same. One case is simply more complex than the other one.
The duty of care requires all drivers to be at their best, mentally, physically, and otherwise, before they get behind the wheel. Therefore, alcohol impairment, which begins with the first drink, breaches this duty. Evidence of impairment includes:
- Erratic driving before the wreck,
- Physical symptoms, such as bloodshot eyes or unsteady balance, and
- Statements the tortfeasor (negligent driver) made about prior alcohol consumption.
This evidence may not seem like much. But the burden of proof in civil court is only a preponderance of the evidence (more likely than not). So, the whole of this evidence is greater than the sum of its parts.
If emergency responders cited the tortfeasor for DUI, the negligence per se shortcut may apply, and the tortfeasor may be liable for damages as a matter of law.
Connect With a Savvy San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
sandiegouniontribune.com/2024/10/27/wrong-way-driver-killed-in-head-on-crash-on-state-route-76-in-oceanside/
