Accident results in San Jose's 34th traffic fatality of 2013

Posted on in Car Accidents

When a pedestrian accident results in a fatality, there are a variety of immediate concerns. First, family members of the accident victims are distraught, and for some normality will only return to their lives after a long time has passed, perhaps even with a great deal of grief counseling. Next, the spotlight will usually turn to the driver of the vehicle that caused the accident. Questions like "how did that person not see the pedestrian?" and "what was that person doing at the time of the collision?" will be asked, both by family members of the victim and law enforcement authorities. In a recent San Jose car accident that led to the death of a pedestrian, the answers to those questions apparently led police to arrest a driver on criminal charges.

According to a recent report, the accident in question occurred on October 28 at around 2:30 a.m. The report indicates that a 27-year-old woman was driving a car in a residential neighborhood in San Jose when she hit a female pedestrian with her vehicle, and then slammed into a garage door. The pedestrian died shortly after the collision. The ensuing investigation apparently led police to the conclusion that the driver was under the influence of alcohol at the time of the crash.

As a result of this tragedy, the 27-year-old driver has been charged with vehicular manslaughter and DUI. She was initially being held in the Santa Clara County Jail, and there were no immediate reports as to whether or not she posted bond.

Any type of accident that results in serious injuries or a fatality has the potentially to eventually lead to a civil lawsuit. However, when an accident also results in criminal charges for the party presumed to be responsible for the accident, a civil lawsuit is all but certain. If the criminal charges lead to a conviction, that information can be used in the civil lawsuit as evidence of the person's negligence.

Source: Campbell Patch, "Updated: Campbell Woman Arrested After Fatal Car Accident in San Jose," Rob Klindt, Oct. 29, 2013

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