The holiday season reminds me of a case where a witness follows and detains an alleged DUI driver after a recent fatal accident. A young man was simply sitting on the curb near an assisted living community, when a minivan swerved and ran over him. A witness to a fatal pedestrian hit and run accident in Santa Ana followed the driver, and detained the driver until police could arrive.
The driver behind the minivan witnessed the swerving action and saw the minivan running over something. To his horror he realized it was a person, and when the minivan didn’t stop it infuriated him. He checked to make sure that the victim was being attended to by other bystanders and took off after the hit and run driver, stopping him and detaining him until police could arrive. The Santa Ana police suspected DUI was involved, and booked the driver of the minivan on suspicion of hit and run, felony DUI, and vehicular manslaughter. The driver’s license of the man detained was under suspension for a previous DUI.
These cases are tragic, and after more than 40 years of experience I can tell you they are strategically and legally quite complex. The fact that a witness follows and detains an alleged DUI driver after a recent fatal accident is nothing short of heroic. As a result of his actions the minivan’s driver will face justice and can be held financially accountable for the wrongful death of the young victim.
The family of the 24 year old had a valid wrongful death action against the driver of the minivan. Nothing can replace the loss of a beloved family member. California law provides for a wrongful death action to allow the family to recover some compensation for the tragic loss of their loved one and the time they would have shared together in the future.
If you have lost a family member or someone you love in a fatal accident we invite you to review the strong recommendations of our clients and the legal industry and contact the Law Firm of Rivers Morrell or call to speak with us personally for a free consultation at (949) 305-1400.