When people hear about a serious car crash, they usually picture the scene of the accident being on the highway or a busy intersection. While many reports of a San Jose car accident happen in those places, they can also occur in unlikely places-like in residential areas, and even inside the homes themselves.
One San Jose family experienced just that unusual, and frightening, occurrence. They were sleeping in their apartment, when a pick-up crashed through a fence, then through the wall of the apartment. After crashing through the wall, the truck hit the crib in which a 2-year-old was sleeping. The child was thrown from the crib and landed on the floor. No one was seriously injured in the accident; the child's mother had minor scratches. The impact of the truck broke the crib in half.
The driver, who tried to leave the accident scene, was arrested for driving drunk and for a hit-and-run.
Drivers are required by law to use reasonable care under the circumstances when driving. Failure to use reasonable care can be found to be negligence, and a negligence driver may be required to pay damages to people who are injured by that negligent driving. Actions such as disobeying traffic signals and driving under the influence of alcohol are taken into consideration by courts when determining whether a driver was negligent.
According to the Bureau of Transportation Statistics, three people are killed in alcohol-related accidents every two hours. In 2010, there were over 1.4 million arrests for driving under the influence. Though laws generally vary by state, all 50 states have a 0.8 blood alcohol concentration limit for a finding of driving under the influence.
Source: ABClocal.go.com, "2-year-old unharmed after truck crashes into crib," Terry McSweeney, Dec. 12, 2012
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.