A San Bernardino car accident caused by a suspected drunk driver, who was fleeing police, resulted in the death of a 46-year-old Santa Ana man. The San Bernardino Sun reports that the driver of a Toyota Corolla, 45-year-old Zimmie Lynn Burnath, crossed over the double yellow lines on the Highway 138 and slammed into a Chevy Camaro being driven by the Orange County man. He was pronounced dead at the scene. Burnath also sustained major injuries, but she was booked on suspicion of felony DUI, vehicular manslaughter and evading authorities. California Highway Patrol officials are investigating this incident.

My heart goes out to everyone who knew and loved this deceased victim who has not yet been identified by the coroner. This grieving family will be in my prayers. I offer them my deepest sympathies.

DUI Statistics

There were seven fatalities and 24 injuries involving DUI collisions in San Bernardino, in 2008, according to CHP's Statewide Integrated Traffic Records System (SWITRS). Countywide, alcohol-related crashes claimed 94 lives and caused 1,052 injuries in 2008.

Laws and Liability Issues

In California, it is against the law to drive under the influence of alcohol 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 this case, the news report states that the police pursuit reached speeds of 100 mph or more right before Burnath lost control and crashed into the victim's Camaro.

While Burnath's impairment apparently played a primary role in this fatal car crash, if I were a member of the victim's family, I would also want to find out whether the officers involved in this pursuit followed proper policies and procedures. Was it absolutely necessary for them to initiate the high speed chase? Were there alternatives?

These are questions that often arise in police pursuit cases where major injuries or fatalities are involved. Please remember that any claim against a California governmental entity must be properly filed within 180 days of the accident or injury. An experienced California personal injury lawyer will be able to advise victims in such cases about their legal rights and options.

Are you in favor of installing Ignition Interlock Devices or IIDs in all vehicles as a means to prevent DUI accidents?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.