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June 23, 2020 01 min

Alcohol-Related Wreck Kills Popular YouTuber

Automobiles Accidents

Corey LaBarrie, a well-known YouTube personality, tragically lost his life on his 25th birthday in an alcohol-related car crash. The incident occurred in Valley Village on the 4900 block of Carpenter Avenue. Reports indicate that Daniel “Ink Master” Silva, aged 26, was driving a McLaren sports car when he lost control, struck a utility pole, and collided with a tree. LaBarrie died instantly from the impact, while Silva sustained moderate injuries.

Silva was arrested by LAPD officers the following day and is now facing criminal charges.

Understanding Liability in Alcohol-Related Crashes

Alcohol is a significant factor in nearly one-third of fatal car accidents in California. It acts as a depressant that impairs motor skills and replaces sound judgment with a false sense of euphoria, making it extremely difficult to drive safely.

In cases involving accidents where alcohol is a factor, victims can pursue compensation through the ordinary negligence doctrine or the negligence per se rule. This compensation can include economic damages, such as medical expenses, and non-economic damages like pain and suffering.

Ordinary Negligence Explained

Ordinary negligence refers to a lack of reasonable care, which everyone is expected to exercise while driving. The consequences of negligence can lead to responsibility for the damages incurred. Common indicators of negligence while driving include:

  • Erratic or reckless driving
  • Bloodshot or watery eyes
  • The smell of alcohol
  • Difficulty maintaining balance

Even one drink can impair a driver’s abilities, and any evidence of alcohol consumption may be used to demonstrate impairment in a civil case, which generally has a lower burden of proof compared to criminal cases.

Negligence Per Se and DUI Citations

Drivers who receive a DUI citation are often considered negligent per se because they violate safety laws, leading to automatic liability for damages if an accident occurs. Victims only need to show that the defendant’s violation of the law caused the crash—proof of a lack of care is not required.

Passenger Injury Claims

Passengers in an accident may hesitate to pursue legal claims against the driver, but it is crucial to understand that a claim doesn’t assign blame—it seeks compensation for damages. The driver’s insurance will typically cover these expenses, not the driver’s personal finances.

An essential consideration in passenger injury cases is the “assumption of risk” defense. This defense can sometimes exempt negligent conduct if the injured party:

  • Voluntarily accepted a known risk.

However, proving that the risk was “known” can be difficult. In most cases, if a passenger was unaware of erratic driving, the risk of an accident was only theoretical, not a proven known risk.

Getting the Compensation You Deserve

Victims of car accidents need proper support to recover physically, emotionally, and financially. If you or a loved one has been affected by a crash, experienced Los Angeles personal injury attorneys at the Law Offices of Eslamboly Hakim can help you secure the compensation you need. Contact us today for a free consultation to discuss your case.