California Injury Blog
Kenneth Prevatte , 52, was killed in a Huntington Beach car accident after a drunk driver struck his bicycle. According to a news report in The Orange County Register, the fatal DUI collision occurred at the intersection of Pacific Coast Highway and 8th Street in Sunset Beach the afternoon of July 28, 2012. Officials say Prevatte was struck in the northbound lanes of the Pacific Coast Highway. He was pronounced dead at the scene of crash. The driver, Becki James, 58, of Huntington Beach, was arrested on suspicion of driving under the influence.
My thoughts and prayers go out to the family members and friends of Kenneth Prevatte who are mourning this terrible loss. I offer my deepest condolences to them.
DUI Statistics
According to California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), four people were killed and 141 were injured in Huntington Beach DUI collisions in 2009. During that same year, there were 62 fatalities and 1,340 injuries reported as a result of Orange County drunk driving crashes.
California DUI Laws
Based on this news report, the driver who caused this fatal bicycle accident was under the influence. Under California Vehicle Code Section 23152 (a), it is illegal to operate a vehicle under the influence of alcohol and/or drugs. A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges.
California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”
Liability Issues
The family of a deceased drunk driving victim would be well advised to contact an experienced personal injury lawyer in Huntington Beach who has a successful track record of financially pursuing drunk drivers. In cases where negligence or wrongdoing is involved, families of deceased victims can file a wrongful death claim seeking compensation for damages including medical expenses, funeral costs, lost future income and loss of love and companionship. For more information about the dangers of driving under the influence, please visit the Mothers Against Drunk Driving (MADD) web site at www.madd.org.