California Injury Blog
Brook Boynton, 51, was killed in an Orange County car accident after a suspected drunk driver, who officials say was travelling at over 100 mph on the 73 toll road, struck his car. According to a news report in The Orange County Register, 37-year-old Richard Ernest Caselli was speeding in a Volvo sedan the night of October 16, 2009, when he rear-ended Boynton’s Nissan SUV on the southbound 73 near Laguna Canyon Road. The impact from the crash caused the SUV to spin out of control and roll over. Boynton was ejected from the vehicle and died at the scene.
California Highway Patrol officials say Caselli displayed signs of intoxication and failed to perform field sobriety tests. He was arrested on suspicion of felony driving under the influence and is also facing charges of gross vehicular manslaughter while intoxicated.
Tragic DUI Car Accident
My heart goes out to all those who knew and loved Brook Boynton. This must have been such a terrible blow to them. Apparently, he was a dedicated athlete and a successful competitor in Ironman events. He had placed fifth in his age group in the Coeur D’Alene triathlon in Idaho earlier this year. I offer my deepest sympathies to Boynton’s friends, family members and co-workers at Behr Process in Santa Ana, where he worked as a Chemical Engineer. They will certainly be in my prayers.
If Richard Caselli, who officials say chose to get drunk, get behind the wheel, and barrel down the highway at more than 100 mph, is determined to be at fault for this fatal injury accident, I hope he is prosecuted to the fullest extent of the law. Sadly, this horrific incident has caused yet another DUI fatality here in Southern California. It seems Caselli’s recklessness, negligence and callous disregard for his fellow human beings has taken the life of another– – in this case, a man who was much loved and respected by his community. Heartbreaking!
DUI Car Accidents in Orange County
According to California Highway Patrol’s 2007 Statewide Integrated Traffic Records System (SWITRS), there were 75 deaths and 1,501 injuries involving alcohol-related car accidents in Orange County. Also, 178 fatalities and 14,185 injuries were reported in 2007 as a result of car accidents in Orange County, California.
Driving under the influence is not only unethical and irresponsible, but it is also a serious crime in California. According to California Vehicle Code Section 23152 (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” The same code section also states that it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.
A driver whose driving under the influence results in the death of another will likely face vehicular manslaughter charges, as Caselli does in this case. 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.”
Holding Wrongdoers Accountable
Caselli should be held civilly and criminally responsible for causing this tragic car accident. It seems to me the Boynton family has suffered a tremendous loss due to the actions of Caselli. Where negligence or wrongdoing is involved, families of deceased car accident victims will be able to file a wrongful death claim, which seeks damages for medical/funeral expenses, loss of earnings and other related damages.
It would be in the best interest of Boynton’s family to seek the counsel of a reputableed Orange County personal injury lawyer, who has the experience as well as a successful track record for holding negligent drivers accountable for their actions. A knowledgeable injury lawyer should also advise victims and their families if they may be eligible for compensation through their car insurance policy and how the policy applies to an accident involving an uninsured or underinsured driver. The best California personal injury law firms will always offer a free and comprehensive consultation to injured victims and their families.
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.