California Injury Blog
Los Angeles Fatal Pedestrian Hit-and-Run Driver Arrested
Los Angeles police have arrested 30-year-old Claudia Cabrera, who they believe struck and killed 18-year-old Adrianna Bachan and seriously injured 19-year-old Marcus Garfinkle in a hit-and-run crosswalk accident near USC, the Associated Press reports. Cabrera fled the scene of the accident. Apparently her husband, Josue Luna, and 7-month-old son were also in the car at the time. Authorities suspect Luna was the person who removed Garfinkle from the hood of Cabrera’s car before leaving the scene of the March 29, 2009 fatal hit-and-run pedestrian accident.
Cabrera was also driving with a suspended license for failing to pay a ticket for a routine traffic violation. She has been arrested on suspicion of gross vehicular manslaughter and felony hit-and-run. The arrest came from tips after authorities announced $235,000 in rewards.
California Penal Code section 191.5 (a) states: Gross vehicular manslaughter is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle… 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.”
In this case, there can be no questions about the criminal negligence involved and also from an ethical point of view, the utter disregard displayed for the lives of a fellow human being. Not only did Cabrera break the law by running a red light, but she struck two pedestrians and then left the scene of the accident. California Vehicle Code also requires that drivers stop at the scene of an accident – whether or not that auto accident was their fault.
The families of the victims would be well-advised to retain the services of an experienced California auto accident lawyer, who will secure them the justice and compensation they deserve. Cabrera must be held civilly and criminally responsible for her actions. In the event that Cabrera does not have motor vehicle insurance, then the uninsured/under insured motorist clause in the victims’ own auto insurance or any other auto insurance policy they have benefits under, could compensate them. However, it is not easy to settle these claims with insurance companies. If you have questions about how to approach insurance and other issues after you have been seriously injured in an auto accident, please refer to my book: “Seven Deadly Mistakes that Can Wreck your California Accident Case.” If you are an injury victim, you can get this free by visiting the Bisnar Chase Web site at www.bestattorney.com.