California Injury Blog
A man was killed in a pedestrian accident in San Bernardino which involved a driver who was under the influence and left the scene of the collision.
According to a news report, 25-year-old Diego Eduardo Cachua was booked by police on suspicion of driving under the influence causing injury and death, hit-and-run causing injury or death, and DUI after the fatal crash.
DUI and Hit and Run Suspected
Police say the collision occurred the night of Oct. 3 near Rialto Avenue and Waterman Avenue. Officers who arrived at the scene found the victim lying in the road. A witness followed the car south on Waterman and onto the westbound 10 Freeway. California Highway Patrol officials stopped the car on the 10 at Euclid Avenue in Ontario. Officials said officers administered the driver, later identified as Cachua, a sobriety test, which he failed.
We offer our deepest condolences to the family members of the deceased victim. Please keep them in your thoughts and prayers.
Laws and Liability Issues
Based on this news report, it appears that the driver, Cachua, was not only driving under the influence but also struck and fatally injured a pedestrian and then left the scene of the crash. Under California Vehicle Code Section 23152 (a), it is illegal to drive a motor vehicle while under the influence of alcohol and/or drugs.
It is also illegal to leave the scene of an injury or fatal crash. California Vehicle Code Section 20001 (a) not only requires motorists involved in an injury or fatal collision to stop immediately and remain at the scene of the crash but also exchange pertinent information with others involved and most importantly, render aid to the victims. Leaving the scene of a crash that resulted in an injury or fatality is a felony crime under California law.
In such cases, the at-fault parties, in addition to facing criminal charges and penalties, could also be held financially responsible for the injuries, damages, and losses caused. Families of deceased victims may be able to file a wrongful death lawsuit seeking compensation for damages including medical expenses, funeral costs, lost future income, and loss of love, care, and companionship. An experienced San Bernardino pedestrian accident lawyer will be able to advise injured victims regarding their legal rights and options.
Source: https://www.pe.com/2021/10/04/san-bernardino-man-accused-of-hit-and-run-after-pedestrian-is-struck-and-dies/