Man Sentenced for Deadly 2023 DUI Crash
A 25-year-old San Diego man, who, according to court documents, had a BAC more than three times the legal limit, was sentenced to probation for his crime.
At the time of the wreck, the victim, a 65-year-old homeless woman, was sleeping in the middle row of her Honda van, which was parked on Clairemont Mesa Boulevard. San Diego police officers had the victim’s vehicle towed from the scene without noticing Cameroni de Adams inside. Her body was discovered more than a month later, still inside the van, in a tow yard in Grantville. The cause of death was blunt force trauma injuries.
The family’s attorney has filed a $50 million claim against the city. “It’s incredibly difficult for them to know that their mother passed in this way, and to find out that their mother died in a car that was locked away like a piece of garbage left there to die by our government, by the city San Diego, it makes the grieving process all the more difficult,” said John Carpenter, the family’s attorney.
During sentencing, Judge Dwayne Moring of the San Diego County Superior Court warned the man that “Should you violate the terms of this probationary grant, you’ll receive a six-year state prison sentence.”
Alcohol-Related Wrecks
The seemingly light sentence in this matter is certainly controversial. But for purposes of this post, we’ll focus on the civil liability aspects of this tragic incident.
If authorities charge a driver with DUI, or any other offense, following a fatal or non-fatal wreck, a Carlsbad personal injury lawyer may use the negligence per se rule. According to this rule, tortfeasors (negligent drivers) are liable for damages as a matter of law if:
- They violate safety laws, and
- Those violations substantially cause injuries.
Most area law enforcement agencies have mandatory DUI arrest policies. A San Marcos personal injury lawyer can use the negligence per se rule in civil court even if the tortfeasor “beats” the DUI in criminal court.
Authorities often don’t cite impaired drivers for DUI, such as a driver who has a BAC level under the legal limit. In these cases, the ordinary negligence doctrine is available. Ordinary negligence is basically a lack of care. Proof on this point includes circumstantial evidence like:
- Erratic driving before the wreck,
- Tortfeasor’s recent visit to a bar or another alcohol-serving establishment,
- Physical symptoms, such as unsteady balance, and
- Statements the tortfeasor makes about alcohol consumption.
A little evidence goes a long way in these situations. Alcohol impairment begins with the first drink, and the burden of proof is only a preponderance of the evidence (more likely than not).
Municipal Liability and Wrongful Death
The young man who caused the crash is legally responsible for the woman’s death, whether she died instantly or subsequently. The city could be liable for the woman’s death if she survived the initial impact and died later. But, it’s complicated.
First, the official immunity doctrine could apply. This doctrine shields police officers from liability in many shooting cases. Usually, instead of negligence, a San Marcos personal injury lawyer must prove recklessness in these cases. Recklessness is a step above negligence and usually includes a conscious disregard for the safety of other people.
The standard of care may be relevant. More than likely, the standard of care requires officers to look inside vehicles before they tow them away and forget about them. If the officers’ actions were far enough below the standard of care in this incident, a judge could declare that they were reckless.
Furthermore, in most cases, a San Marcos personal injury lawyer must file a notice of claim before filing a legal action against a city, based on accident-related negligence. A notice of claim gives the city a chance to settle the case quietly before it becomes public record.
The lawsuit in the above-mentioned case may not be subject to the notice of claim rule because it involves the actions of police officers, not the woman’s death.
Reach Out to a Tough-Minded San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. You have a limited amount of time to act.
Source:
cbs8.com/article/news/local/san-diego-dui-crash-killed-woman-found-in-tow-yard/509-83e77fdc-5840-4a53-b9ea-b8a19598b7b6
