A 29-year-old man who reportedly struck and killed two pedestrians in a crosswalk on Hollywood Boulevard earlier this month had a blood alcohol level that was twice the legal limit to operate a motor vehicle, according to an Associated Press news report. Sergio Rogelio Delgado was reportedly fleeing police officers who tried to stop him for driving on the wrong side of the road when he ran a red light and hit 32-year-old Cecilia Diaz Vasquez and Pedro Davila, 40, who were walking on the crosswalk at Wilcox Avenue.
Delgado has been charged with two counts of murder, two counts of felony gross vehicular manslaughter while intoxicated and fleeing the scene of the Hollywood pedestrian accident. He also reportedly was convicted once in 2003 of driving under the influence. This article says Delgado was out drinking with a friend before he drove off.
My heart goes out to the families of the two people who were killed in this horrible pedestrian vs. auto accident. In this case, the two pedestrians were crossing Hollywood Boulevard on a marked crosswalk. The blame falls squarely on Delgado, who police say was not only intoxicated, but also evading police and driving recklessly.
I trust that. Delgado will be prosecuted to the fullest extent of the law. He should also be held financially responsible to the families of the two victims for causing their death. In such cases, the victims’ families can claim wrongful death, loss of income and loss of consortium if and when applicable. If Delgado does not have sufficient insurance coverage or does not have auto insurance at all, then the families of the two victims are entitled to compensation through their own (or any member of their household’s) “uninsured” or “underinsured motorist” coverage.
An experienced personal injury lawyer would also look into others who may be financially responsible to the heirs of the two victims. There may be some liability on those who provided the alcohol. If Delgado was driving someone else’s car, they may have some liability. If the police did not follow state law with regard to pursuit tactics, they could be held liable. There are a number of possibilities and an top California auto accident attorney will be able to identify them.