An 83-year-old man was killed in a San Francisco area car accident, which officials say, involved a drunk driver. According to a news report in The San Francisco Chronicle, the fatal DUI crash occurred at the intersection of Mission Boulevard and East King Avenue in Fremont, the afternoon of September 25, 2011. Witnesses notified the authorities of a possible drunk driver but they were unable to find the black Toyota Tundra before it was involved in a fatal crash. Todd Lovejoy, 53, crashed into the back of two GMC pickup trucks that had slowed for a traffic signal. The driver of one of the GMC pickups was killed when his vehicle crashed into a signal light and rolled over. Lovejoy was taken to a nearby hospital for unspecified injuries and was arrested on suspicion of drunk driving.

My heart goes out to the friends and family of the victim killed in this tragic crash. My thoughts and prayers are with them during this difficult time.

DUI Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), three people were killed and 64 injured in alcohol-related collisions in Fremont. During that same year, there were 24 fatalities and 535 injuries reported involving Alameda County DUI collisions.

California DUI Laws

If the details of this news report are accurate, the driver who caused this fatal car accident was under the influence of alcohol. It is illegal under California Vehicle Code Section 23152 (a) 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

Where negligence or wrongdoing is involved, the family of a deceased car accident victim can file a wrongful death claim. These types of claims seek compensation to cover damages such as medical expenses, funeral costs, lost future income, loss of companionship, and other related damages. An experienced San Francisco personal injury lawyer will advise families of victims in such cases about their legal rights and options. 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.

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