Fiery Car Crash in Castaic: 3 Killed in Suspected DUI Crash!

A 19-year-old woman, who was under the influence of alcohol, lost control of her car and slammed into a tree. Three passengers died in the crash.

According to the California Highway Patrol, a 2010 Toyota Camry was traveling northbound at a high rate of speed when the driver was unable to navigate a curve on Old Road and crashed into a tree.

Three passengers were ejected from the vehicle, which split in half and caught fire after hitting the tree.  The CHP stated that the driver could extricate herself from the car.  All three passengers, including a 22-year-old man, were declared dead at the scene. The ages of the other two passengers were unknown, and none of them had been identified.

“The driver, and sole survivor of the crash, exhibited signs and symptoms of alcohol intoxication,” the CHP stated.

Negligence Per Se

If the tortfeasor (negligent driver) violates a safety law, like the DUI law, the tortfeasor could be liable for damages as a matter of law. Liability may be straightforward in these cases, but a car accident lawyer in California must confront other issues.

The negligence per se rule usually doesn’t apply if the tortfeasor had a valid legal defense. More on that below.

A personal injury attorney must present evidence to prove damages. This evidence usually includes medical bills and an independent doctor’s opinion regarding the need for future medical treatment. 

Evidence about the wreck itself is relevant as well. The more reckless the tortfeasor was, the more damages the jury awards, at least in most cases.

Frequently, vehicle collisions have non-legal issues as well. Passenger injury claims are a good example. Many times, injured passengers don’t want to “blame” tortfeasors for “accidents.” Civil claims don’t blame anyone for anything. Furthermore, we must assume responsibility for that loss if we accidentally break something. You break it, you buy it.

Ordinary Negligence

On the other hand, liability is usually the central issue in an ordinary negligence claim. In alcohol-related wrecks, a Los Angeles personal injury lawyer typically turns to the ordinary negligence doctrine if negligence per se doesn’t apply, usually because the tortfeasor wasn’t legally drunk.

Car crashes kill or seriously injure millions of Americans every year. In California, an ordinary negligence vehicle collision claim has four basic elements:

• Duty, which is usually a duty of reasonable care (drive defensively and avoid accidents when possible),
• Breach of that duty (usually driving aggressively or while impaired),
• Cause, which includes cause-in-fact (substantial cause) and legal causation (foreseeability), and
• Damage is usually a physical injury or property damage.

Comparative fault, which shifts some accident blame to the victim, is one of the most common insurance company defenses in car crash matters.

Suppose a Los Angeles personal injury lawyer proves all the elements of negligence and blunts all insurance company defenses. In that case, the compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Get Help From Our Experienced Car Accident Lawyers!

Car crash victims have multiple legal options. For a free consultation with an experienced personal injury lawyer in California, contact the Law Offices of Eslamboly Hakim. Virtual, home, and hospital visits are available.