The accident at the center of a California wrongful death case consists of tragedy on various levels. On Feb. 1, a 41-year-old nanny was out pushing a toddler in his stroller when a driver crashed into the nanny and stroller. Fortunately, the young child survived the pedestrian accident but sustained serious injuries. The nanny, however, lost her life.
Since the accident, investigators have collected evidence and handed it off for the district attorneys to choose what, if any, criminal charges to pursue against the driver who caused the crash. As of this Monday, officials decided to charge the driver with various crimes, including vehicular manslaughter. She also faces at least one civil lawsuit in the wake of the tragedy.
The nanny who was killed in the California accident has two teenage daughters left to deal with their loss. They are suing the driver for the wrongful death of their mother based on evidence that suggests the accident was the result of negligent driving. The investigation indicates that the driver ran a red light before she crashed into the victims and then proceeded to drag the nanny and toddler by her bumper through a crosswalk.
Though police did their own investigation of the fatal pedestrian incident, the plaintiffs' attorney in this California wrongful death case is concerned that the driver apparently wasn't tested for drug or alcohol use after the crash. Determining whether it was a drunk or drugged driving accident can have an impact on criminal charges and liability assigned in a civil case.
A unique element in this wrongful death case is that the defendant had given birth to a baby just a day before the accident. Could the drugs that she possibly had taken or was taking for pain after having her baby have contributed to the accident? Being impaired by medication makes it just as dangerous to drive as it is to drive while drunk. Therefore, the attorney for the plaintiffs wants to look at the matter of medication as well as other more obvious matters such as driving speed and cellphone records.
Source: NBC Southern California, "Driver in Stroller Crash Faces Multiple Charges," R. Stickney, Mar. 4, 2013
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.