California Injury Blog
Juan Urbano-Miguel, 39, was killed in a Costa Mesa pedestrian accident, which officials say, was caused by a suspected DUI driver.
According to a report in the Daily Pilot, the fatal pedestrian collision occurred the night of Jan. 4 at the intersection of Victoria Street and Placentia Avenue.
Fatal DUI Collision
Officials said the incident took place when a driver, identified later as 65-year-old Jon Scott Weir of Garden Grove, lost control of the pickup truck he was driving east on Victoria Street. Witnesses told police that Urbano-Miguel had been on a sidewalk in the intersection waiting for clearance to enter the crosswalk when the truck Weir was driving rolled over and struck Urbano-Miguel, knocking over a nearby traffic signal pole.
When police arrived at the scene, the truck was engulfed in flames. Weir had managed to get out of the vehicle. He was transported to an area hospital with injuries from the crash and placed under arrest on suspicion of driving under the influence of drugs, the Daily Pilot reports. Paramedics pronounced Urbano-Miguel dead at the scene. Police have said it will be up to the district attorney’s office whether Weir will face charges.
We offer our deepest condolences to the family of Juan Urbano-Miguel for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.
Laws and Liability Issues
Based on this news report, it appears that the driver, Weir, lost control of the vehicle he was driving because he may have been under the influence of drugs. Under California Vehicle Code Section 23152 (a), it is illegal to operate a vehicle while 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 under California Penal Code section 191.5 (a).
In such cases, in addition to facing criminal charges and penalties, DUI drivers can also be held financially liable for the injuries, damages, and losses they cause. Families of deceased victims may be able to file a wrongful death lawsuit against the at-fault driver seeking compensation for damages including medical expenses, funeral, and burial costs, lost future income, pain and suffering, and loss of love, care, and companionship. An experienced Costa Mesa DUI victims’ lawyer will be able to advise victims’ families regarding their legal rights and options.
Source: https://www.latimes.com/socal/daily-pilot/news/story/2022-01-05/pedestrian-dies-in-costa-mesa-rollover-collision-driver-booked-on-suspicion-of-dui