Archives : 2009 : June

Nick Adenhart Drunk Driving Accident: New Testimony in Grand Jury Proceedings

In the grand jury hearing in the Nick Adenhart car accident, there has been testimony from the medical examiner who clarified the confusion over the difference in the blood alcohol content levels mentioned in the driver’s toxicology report as well as testimony from the defendant’s step brother.

Earlier this month, we discussed the toxicology report that showed that Stewart was drunk at the time of the car accident. The driver of Adenhart’s car 20-year-old Courtney Stewart had a peripheral blood alcohol level of .06 and a chest cavity blood alcohol level of .16. The legally allowed limit for alcohol is .08 for adults. Persons below 21 years of age are not allowed to have any alcohol in their system while at the wheel. According to the examiner, the most reliable blood alcohol reading is the peripheral blood alcohol level. When a person drinks alcohol and dies soon after, the alcohol that is in the stomach and surrounding tissues begins to dissipate into the chest cavity. That results in a higher reading for blood alcohol in the chest cavity.

Stewart was the driver of the Mitsubishi that was carrying rookie pitcher Nick Adenhart, Jon Wilhite and Henry Pearson. The Mitsubishi was struck by a van driven by Andrew Thomas Gallo. Adenhart, Pearson, and Stewart were killed instantly and Gallo has been charged with their murders. He is alleged to have been driving under the influence of alcohol. Wilhite was seriously injured in the drunk driving accident and is now recovering. According to witnesses, Gallo ran a red light and struck a car that was carrying the three victims.

Deputy District Attorney Susan Price had announced at the time Stewart’s toxicology report was revealed that her blood alcohol content level was irrelevant to the case because it was Gallo who was at fault in the crash.

In related news, the Orange County Register, is also reporting that Gallo after the accident, ordered his injured stepbrother to flee the scene. The stepbrother Raymond Alexandro Rivera testified before the grand jury hearing. Upon being questioned during the proceedings, Rivera confirmed that Gallo had told him to run in the seconds after the crash. Rivera however, stayed on at the scene of the crash, while Gallo called someone on his cell phone and then ran from the scene. Several other witnesses have confirmed that they saw Gallo get out of the van and flee on foot.

Rivera also gave the grand jury a close account of the pair’s activities just before the accident. Apparently, they both had gone outside to celebrate Gallo’s new job, and downed a few drinks in the process. Police investigators have also testified that Gallo admitted he had several shots of sake. Rivera confirmed that he had been to dunk to drive and had told Gallo to drive instead because he had a “much higher tolerance to alcohol.” Soon after, Gallo ran a red light and crashed into Courtney Stewart’s car.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of drunk driving accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Man Arrested After Fatal Multi Vehicle Crash in Fresno

A man suspected to have been driving under the influence of alcohol during a four vehicle accident that killed 3 people and injured five in Fresno last Wednesday, has been arrested.

According to news reports, Willie Rivera Jr. was driving against traffic with three cars, a Honda Civic and a Ford and a Daewoo approaching in the opposite direction. The resulting accident was almost inevitable. Rivera’s car hit the Ford, and then the Honda Civic. At the end of the collision, three passengers were dead and one motorist Sergio Barrier Jr., suffered major injuries. The dead included a 14-year-old girl, a 21-year-old woman and a 20-year-old man. The driver of the Ford, his passenger, and the driver of the third car received minor injuries. Rivera was also injured in the crash. He has now been arrested on suspicion of felony DUI and vehicular manslaughter.

Driving against oncoming traffic puts a driver in a direct collision path with oncoming vehicles. Most of the time, car accidents involving motorists driving the wrong way can be traced to errors made by the motorist. A motorist may miss warning signs that alert drivers to the right route to enter a highway.

Car accidents resulting from wrong way driving are not as frequent as drunk driving or speeding-related accidents. But according to the National Highway Traffic Safety Administration, wrong way driving accidents kill as many as 300 people every year. Alcohol use is also a major factor in wrong way driving. A person driving under the influence of alcohol may suffer from impaired judgment. Drunk drivers are more likely to make the kind of dangerous errors that lead to them driving against the traffic on a crowded highway.

Although these kinds of car accidents are less frequent and result in fewer numbers of fatalities and injuries each year, they are much more likely to result in devastating car accidents. That’s because other motorists may not be able to stop their cars in time to avoid the wrong way driver. The increased number of fatalities and injuries are also due to the fact that these are head-on collisions, involving two or more automobiles at high speed. Because more than one vehicle may spot the wrong way driver and be forced to avoid them, these accidents usually end as multi-vehicle pileups, with possible multiple injuries and fatalities.

Persons injured in an auto accident caused by the wrong way driving of another motorist may also be liable for compensation from the motorist. Just like in other motor vehicle accidents caused by speeding or drunk drivers, wrong way drivers can be named in an injury or wrongful death claim. Besides, if the wrong way driving occurred because of the absence of signs alerting drivers, then state or local agencies responsible for the signage can also be named in any claim resulting from these injuries. California personal injury lawyers may be able to determine responsibility for the accident and file a claim.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of drunk driving accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Motorist in Pleasanton Motorcycle Accident Arrested

The driver involved in a serious motorcycle accident that injured a Livermore man, has been arrested.

The accident occurred on Monday at 6:35pm. A BMW was traveling at more than 100mph when the front of the car struck the rear wheel of the motorcycle. The motorcyclist, 47-year-old Robert Demartino Jr. was thrown off of his bike and fell to the pavement, hitting his head on the ground. He suffered critical injuries, and was rushed to a Castro Valley hospital. According to witnesses at the scene of the crash, the BMW simply drove on after striking Demartino’s motorcycle. On Wednesday afternoon, the driver of the BMW Sobhanieh Mostakhdemin turned herself in to the California Highway Patrol Dublin office. She has been arrested on suspicion of reckless driving and leaving the scene of an accident that caused injury.

Apparently, Sobhanieh Mostakhdemin, who had been speeding almost struck several other vehicles before she hit Demartino’s motorcycle. There is no information yet on Demartino’s current condition.

The motorcycle accident was the second involving a hit and run driver in the area this month. Earlier this week, we reported on a Dublin Safeway clerk who was hit by a car, and left with serious head injures. Barry Lim who fell unconscious after the accident was left on the street critically injured, for a passing motorist to find. He continues to remain in a critical condition. Two days after that accident, the driver of the car that struck Lim came to the police station to report that she had been the victim of a hit and run accident. When police inspected the car, they found damage to the front of the car that was consistent with the kind of damage you would expect from a car that struck a pedestrian.

In both these instances, hit and run drivers have been content to strike two of the most vulnerable people on our roads- pedestrians and motorcyclists. Both pedestrians and motorcyclists can suffer serious injuries when they are stuck by a motor vehicle. A pedestrian involved in a collision can be thrown dozens of feet from the point of impact, and fall on the road usually with severe head impact. A collision with a motor vehicle can thrown a motorcycle rider off their bike with similar consequences. Motorcyclists who wear approved helmets have a decreased likelihood of suffering head injuries. However, a helmet does not prevent the occurrence of severe body trauma and spinal fractures. These kinds of catastrophic injuries can force motorcyclists and pedestrians to require months of hospitalization, followed by extensive rehabilitation and therapy.

The motorist responsible for the accident can be held liable in case of injuries sustained in a motorcycle accident. Besides the motorist, other parties that may be responsible for the accident can also be named in an injury claim. For instance, state and local agencies may be held liable if the accident is traced to a defective design on a roadway or a poorly maintained road.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of motorcycle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Plans for Concrete Barrier to Prevent Car Accidents on Dangerous Ramona-Lakeside Road Underway

Earlier this year, a young Chula Vista mother was killed when her car was involved in a speeding-related car accident. One of the cars speeding on an accident-prone stretch of highway between Ramona and Lakeside, crashed into Alexandria Drake’s car killing her. Several other fatal accidents have been reported along highway 67, and now, state authorities are acting to make enhancements to the stretch to prevent accidents. Since 2003, there have been a total of 29 fatal accidents on this stretch.

San Diego county supervisor Dianne Jacob has appealed to the California Department of Transportation and the San Diego Association of Governments to work to put an end to the serious head-on auto accidents that frequently occur on highway 67. She has asked for the installation of a concrete barrier that could prevent head-on collisions. Caltrans has confirmed that it is studying the idea of constructing a concrete barrier to separate traffic. The barrier would separate traffic on the entire stretch between Highland Valley Road in Ramona and Mapleview Street in Lakeside that runs for 16 miles or just part of them.

The proposed barrier will be 2 feet in width at the base, and 2.5 feet in height. There will be several hurdles to cross before the concrete barrier is installed. Constructing the barrier would mean that passing lanes would not be available to motorists anymore, and that several driveways along the route would be blocked. People might have to travel miles out of their way before making a turn if they wanted to. Besides, the barrier could probably cause congestion on the roads. These are the points that Jacob will be taking up when she meets with community leaders in Ramona on the 16th of July.

It’s also hard to determine which section of the route should have the concrete barrier. There isn’t one particular spot along the 16 mile stretch that is particularly prone to car accidents. Rather, accidents have occurred at various spots along the route. According to Caltrans, the biggest factor in accidents on the road is speed which accounts for nearly 1/3rd of all car accidents. Besides, driving under the influence of alcohol and making unsafe turns also contribute to their share of crashes. The Ramona and East County areas have also seen a sharp spike in growth, which has meant heavier vehicle traffic on the road. According to a Caltrans report, the number of vehicles using the route daily at Highland Valley Road was 11,000 in 1981. That number has risen steadily to 30,000 in 2007.

Over a period of time, highway 67 will be converted into a four-lane highway that will greatly reduce the incidences of accidents, and make the road safer for all. However, funding for extensive improvements to the road will not be available for at least a decade. Until then however, it’s important that Caltrans work with local agencies to make the road safe for motorists to use.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of car accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Handyman Killed in North Hollywood Pedestrian Accident

Police are looking for a hit and run driver who struck and killed a man in an accident in North Hollywood a little past 2 am on Monday morning.

According to news reports, Gabriel Pompa was walking on the street when he was hit by a car. Pompa was thrown against a tree, and died at the scene of the pedestrian accident. His body was discovered by a passing motorist. There were no witnesses to the accident, making it harder for the police who are now looking for the hit and run motorist. Officers are hoping that surveillance cameras in nearby businesses might have been able to capture footage that could provide clues to the identity of the motorist. There was no crosswalk where Pompa was struck by the motorist.

Motorists can do much to prevent such needless accidents. Too many pedestrian fatalities every year can be traced to the failure of the motorist to take pedestrian rights into consideration.

• Always drive at posted speed limits. A speeding vehicle takes longer to come to a stop after the brakes are applied.
• Avoid drunk driving. Driving under the influence can delay your response time increasing the likelihood that you will hit a pedestrian in front of you.
• Drive at regular speed limits, even at night when there is lesser traffic. You never know when a pedestrian may walk into the path of your car.
• Drive especially carefully at intersections and near marked pedestrian crosswalks. Also drive carefully in areas where there is heavy pedestrian traffic, near college campuses and schools.
• Avoid distractions while driving, like talking on the cell phone. A driver who is texting or talking on the cell phone, snacking or changing radio stations is more likely to miss a pedestrian in front of him.

Pedestrian must also do their part to be safe on the streets.

• Always cross the road only in a marked crosswalk.
• Avoid walking at night or wear brightly colored or reflecting clothing if you have to.
• Avoid walking in bad weather. The chances of being struck during heavy rains or snow fall are higher.
• As much as possible, try to walk in groups.
• Avoid distractions while walking. Listening to the i-Pod can make your daily walk seem more enjoyable, but it does prevent you from hearing the signal of a motorist. Avoid talking on the cell phone while walking.

Always remember that in a motor vehicle-pedestrian accident. It’s the pedestrian who has a much higher chance of sustaining injuries. It is therefore in their best interests to walk carefully on the streets.

A pedestrian can suffer severe injuries when they are struck by a car that’s traveling even at normal speed limits. The impact of such a crash can throw a person several feet into the air smashing them down on the ground with great force. Deaths are not uncommon in such accidents, and when pedestrians survive, they may be left with catastrophic injuries that may require months of treatment.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of pedestrian accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

San Carlos Woman Files Lawsuit in Nestle Cookie Dough Food Poisoning

Even as Nestle announced a nationwide recall of its Toll House cookie dough because of fears of E. coli contamination, a San Carlos woman has filed a lawsuit against the company after she contracted the infection, and was hospitalized for a week.

18-year-old Jillian Collins was hospitalized at Stanford Medical Center after she contracted the potentially fatal infection. Collins is one of the approximately 70 people across 30 states who have fallen sick after eating the tainted cookie dough. So far, none of the illnesses have resulted in deaths. Collins’ lawsuit has been filed in the San Mateo County Superior Court. According to Collins, she purchased the cookie dough at a Safeway store in Belmont, and ate “between a quarter to a half of the raw cookie dough”. A couple of days later, she began to suffer from nausea and abdominal cramps. She was admitted to the Palo Alto Medical Foundation by which time she had began to suffer from bloody diarrhea. A biopsy confirmed the presence of E.coli. She was released after being treated at the Sanford Medical Center for a week.

It’s still not clear how the Toll House refrigerated and prepackaged cookie dough was contaminated with the deadly E.coli Bacteria. The recall included cookie and brownie dough bars, cookie dough tubs and tubes. In all, about 300,000 cases of the Toll House cookie dough products have been included in the recall. At least two cases of tainted dough have been reported from California, besides cases from 29 other states.

Most E.coli strains are harmless, but the deadliest one can cause severe food poisoning in humans. Symptoms of this deadly infection include abdominal cramps and bloody diarrhea. After a while, kidney failure can set in, and a person can die. Children and adults with weakened immune systems are more susceptible to E.coli infections. Transmission is by fecal matter, passed on through infected foods. E. coli poisoning can be largely prevented by the safe handling of foods. Unpasteurized milk, raw eggs, unwashed food and vegetables and uncooked meats can serve as means of transmission. To avoid infection, cook meats well, wash vegetables thoroughly before eating and avoid unpasteurized milk.

In severe cases of E.coli poisoning, patients may develop a serious infection called Hemolytic Uremia Syndrome (HUS). Symptoms include decreased frequency of urination and tiredness. The kidneys may begin to stop functioning, and there may be permanent kidney damage. These E.coli bacteria tend to live in the intestines of cattle and goats. These are also the E.coli bacteria that are most often traced to E.coli poisoning in humans. That is why food safety experts have still not been able to trace how this bacterium that normally lives in the intestine of cattle, found its way into the cookie dough.

The cookie dough recall comes after a series of food poisoning crises linked to contaminated peanuts and pistachios. Earlier this year, contaminated peanut butter set off a salmonella food poisoning crises that left several dead, and hundreds of people hospitalized with severe salmonellosis. Food safety is top of the agenda for the new Food and Drug Administration chief who has promised it will tackle the problem on a war footing.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of recalled products. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Dublin Woman Arrested for Hit and Run Pedestrian Accident

The female motorist, who struck a Safeway clerk and seriously injured him in Dublin, has now been arrested.

Barry Lim was hit at about 5 pm on Sunday by what police believed was a black Honda Sedan. Police found him lying on the ground a little while later, seriously injured. He suffered serious head injuries. He was taken to Eden Medical Center in Castro Valley where he remains in a critical condition. Lim is deaf and suffers from cerebral palsy. He lives with his parents, close to the super market where he worked.

On Monday night, 33-year-old Saraswati Karumuri came to the police station to report a hit and run accident in which the driver of an SUV struck her vehicle from behind. When police officers checked her black Honda Accord, they found signs of damage on the front of the car that were consistent with damage that would occur in case the car struck a pedestrian. Karumuri at first denied striking Lim, but later admitted to striking the clerk and fleeing the scene of the pedestrian accident.

It’s inexcusable when a driver hits a pedestrian and then leaves him or her on the road seriously wounded. A motorist who flees the scene of the accident can be charged under a felony hit and run. Under the law, motorists involved in an accident are required to stop the car and get out. They must exchange contact information with any other persons involved in the accident. Too often, pedestrians are left on their own after an accident to die without medical help or attention.

Thousands of people are killed in pedestrian accidents every year. While several of these may be traced to the carelessness of the pedestrian, most of them occur due to reckless driving by a motorist. There tends to be a general lack of awareness of the rights of pedestrian among motorists, and this causes drivers to fail to yield to pedestrians, or to drive too fast at intersections and other places where pedestrian traffic may be heavier.

Motorists must keep the following tips in mind to avoid a pedestrian accident.

• Always watch out for pedestrians especially near crosswalks or intersections.
• Pay attention while you’re driving, even when you’re not near an intersection or pedestrian-heavy traffic.
• Avoid drunk driving. It can impair your judgment and may prevent you from spotting a pedestrian until it’s too late.
• Avoid speeding. It makes it harder for you to stop in time to avoid an accident.

Pedestrians must also take care to avoid accidents.

• Try going out in a group as much as possible.
• Avoid walking at night. If you must, wear reflective clothing or brightly colored clothing.
• Avoid walking in poor weather. It’s harder for a motorist to spot you when it’s raining heavily.
• Avoid talking on the cell phone while walking or other distractions. Avoid listening to music while you walk on a busy street. It could prevent you from hearing the horn of a motorist.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of pedestrian accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Zicam Cold Remedy Products Recalled after FDA Issues Warning

Matrix Initiatives Inc., the company that manufactures Zicam Intranasal Cold Remedy Products has recalled these products after it received a warning letter from the Food and Drug Administration. The FDA sent a warning letter stating that the products have been linked to anosmia, or loss of the sense of smell. The condition can be either temporary or permanent.

The FDA warning letter states that it has received 130 complaints from people who suffered loss of the sense of smell after using the products. In some of the complaints that the FDA received, persons also reported the loss of the sense of taste. The products included in the recall include Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Swabs, and Zicam Cold Remedy Swabs Kids Size. The FDA has asked consumers to stop using this product.

The company has received more than 800 complaints about anosmia from people who used these products, and the agency has asked for information about these complaints. Zicam was introduced in 1999, and has sold billions of units since then.

The FDA letter says that the agency has not received any data proving that Zicam Cold Remedy Intranasal products are safe and effective for the kind of uses that the labeling mentions. The labeling for these products claims that it reduces the “duration of the common cold” and reduces the “severity of symptoms” of cold.

Because they contain herbs and minerals, Zicam Cold Remedy products are identified as homeopathic drug products which fall under separate compliance guidelines of the agency. According to the letter, while the agency has received more that 130 reports of anosmia with Zicam use, it has received few reports of anosmia with the use of other intranasal products. The agency cited published scientific evidence that affirms that various salts of zinc can impact olfactory function in humans and animals. The FDA letter also says the products are misbranded, because their labeling does not adequately warn consumers about the risk of anosmia.

Since these are homeopathic category products, the agency has not asked for a complete recall, but has asked Matrix Initiative Inc to submit safety and effectiveness data about the Zicam products included in the recall. Anosmia is a condition in which there is a loss of sense of smell. It can be a dangerous condition because it prevents people from smelling gas or the smell of something burning.

Earlier this year, the agency announced a recall of Hydroxycut, a weight loss supplement that sells millions of units every year. As a nutritional supplement Hydroxycut did not require FDA approval before marketing. The agency does not require manufacturers of herbal and nutritional supplements to apply for approval before marketing their products.

The new Zicam recall has California personal injury lawyers very concerned. The market for homeopathic herbals and other alternative medicines is a billion dollar one. Consumers are exposed to health risks when these products are made available in the market without going through standard FDA approval processes. It’s time that the FDA revaluates its standards regarding alternative health products to protect consumers.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of dangerous drugs. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

Fatal Modesto Speeding Related Accident Kills One

A Huntington Park resident has been arrested on suspicion of vehicular manslaughter after his car was involved in a fatal accident that killed a pickup truck driver. 20-year-old Kevin Amilcar Orellana was driving a 2000 Toyota at excessive speeds on highway 99 in Modesto. His car struck a pickup which rolled over. The 31-year-old driver of the pickup was killed at the scene of the crash.

Orellana was arrested on suspicion of vehicular manslaughter with gross negligence, and is being held at the Stanislaus County Jail. The car accident occurred on Saturday morning at about 8:30am. According to the California Highway Patrol, the pickup was traveling at about 65mph, and Orellana who was speeding, was recklessly using all three lanes to pass other cars. The California Highway Patrol does not believe that alcohol or drug use was involved.

The death of an innocent motorist because of the recklessness of another is always heartbreaking. The victim of this accident in all likelihood barely had a few seconds to register what was happening as Orellana’s car clipped his pickup, and sent it rolling. Too many car accidents every year are caused because of motorists who are in too much of a hurry to get to their destination, or find their cheap thrills in driving at excessive speeds without considering the dangers to the safety of other motorists. The victim in this accident was breaking no rules. He has had to pay for the negligence of a 20-year-old motorist who should have known better.

According to research by the Insurance Institute for Highway Safety, when speed limits were raised in several states in 1996, travel speeds also increased, leading to a spike in auto accident fatalities. Every year, the country loses $27.7 billion to the costs of speeding-related accidents. Speeding not only decreases the amount of time a motorist has to avoid an accident, but also increases the severity of an accident once it has occurred. The kind of force and pressure generated when a car is traveling at 90mph and collides with another car or stationary object can be enormous. The wreckage that results from such accidents is unrecognizable.

Serious injuries and fatalities are common in such accidents. In fact, according to the NHTSA, crash force on impact doubles with every 10mph increase in speed above 50mph. With this increase in crash force, the chances of motorists and passengers being killed or severely injured also increase. Young drivers below the age of 30 are, not surprisingly, more likely to drive at excessive speeds than older motorists. Of all motorists involved in fatal automobile accidents, young males are the most at risk for speeding. In fact, the proportion of speeding-linked fatal accidents actually decreases with the increase in motorist age. Not surprisingly, alcohol use seems to be involved in a majority of speeding-related accidents. That could be attributed to the fact that alcohol use can contribute to recklessness and risky behavior.

As California personal injury lawyers who are concerned about the safety of innocent motorists, we hope Orellana gets the justice he deserves.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of car accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Woman in Hit and Run Pedestrian Accident in Cathedral City Sentenced to 15 Years

A motorist who killed an 18-year-old pregnant woman in February this year was sentenced to 15 years in state prison after pleading guilty to drug and alcohol use while driving and leaving the scene of the accident.

Gina Garcia was at the wheel of the car when she struck Danica Denton. Denton was just one week away from having a baby. She was seriously injured in the pedestrian accident, and doctors were unable to save both her and her child. 18-year-old Denton died suddenly and tragically, just a few days away from holding her first born child in her arms. Garcia was arrested the next day on suspicion of hit and run and released from jail on the same day after posting the bail amount of $25,000.

Garcia, whose husband works as an investigator with the District Attorney’s Office, pleaded guilty to gross vehicular manslaughter while under the influence of drugs or alcohol, and leaving the scene of the accident. Dania Denton’s family members expressed anger that the charges did not take into consideration the death of the young baby, as well as the fact that Garcia had been convicted for driving under the influence 13 years ago.

Although Garcia was sentenced to the maximum 15 year term, she was allowed as part of her plea to leave the court house on $25,000 bail in order to take care of a “medical problem” that, her attorney claims, requires surgery. She was ordered to return to court within a week to provide proof of a medical condition.

The entire incident has taken on racial overtones and whispers of preferential treatment because Garcia’s husband works in the office of the District Attorney. According to Kenneth Booth, who is the president-elect of the local NAACP, Garcia has been receiving preferential treatment, because her husband has connections with the DA’s office. Booth has also claimed that the bail amount should have been set at $150,000, instead of the $25,000 that was set here. For Denton’s family, there can be little comfort in Garcia’s sentencing.

Wrongful death damages can be claimed in a case where death occurs because of a motorist’s negligence. For people who have just lost their loved one in a tragedy, it can seem odd to think in terms of placing a monetary value on the life of the deceased. However, it’s important to remember that the loss of the victim will be felt in several ways over not just a few years but a lifetime. For instance, children who are left behind may suffer from the loss of care and affection and loss of upkeep and expenses from the death of a parent. Parents in turn who lose a child due to the negligence of another also lose out on the love and affection that the child could have provided in the future. Besides, people who have lost a husband or wife in an accident may suffer from a loss of companionship, spousal relations and affection. A California wrongful attorney can help you prepare a claim that properly compensates you for all your losses.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of pedestrian accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.