Fatal San Bernardino Car Accident
Two victims who were killed in a San Bernardino car accident were identified by local authorities as Jose Gilbert Garcia, 42 and his 16-year-old nephew Luis Alberto Garcia. The fatal car accident occurred the morning of February 6, 2010 when their vehicle was struck by a driver who was trying to evade police officers, the Whittier Daily News reports. Police officers were chasing 26-year-old Luis Lazalde as he headed west on Orchard Street in Montclair. Lazalde's car then crashed into a Ford Contour driven by Jose Garcia. Both were pronounced dead at a local hospital. Lazalde did not suffer major injuries.
Police began to pursue Lazalde as a result of surveillance they set up outside his girlfriend's house. The woman apparently complained that he threatened to shoot her. However, when Lazalde did not stop for police and decided to flee, officers pursued him. Lazalde is facing a number of criminal charges including evading police, being part of a criminal street gang and causing bodily injury or death.
I offer my deepest condolences to the family and friends of these victims for their tragic loss. Please keep them in your prayers.
Car Accident Statistics
According to California Highway Patrol's 2007 Statewide Integrated Traffic Records System (SWITRS) there were five fatalities and 313 injuries involving car accidents in Montclair. In San Bernardino County as a whole, car accidents claimed 308 lives and injured 9,920 people during the same year.
Liability Issues in Police Pursuit Cases
I trust the suspect in thiscar accident, Lazalde, who initiated the police pursuit will be prosecuted to the fullest extent of the law. He put his life in danger as well as the lives of the police officers and others on the roadway. However, the question in such cases, is whether the police should have gotten involved in the pursuit.
California law provides immunity to police departments that have adopted a "vehicle pursuit policy." This is a written policy, which dictates the department's regulations and procedures in such pursuits. Having such a policy gives police departments the immunity from liability for civil damages. However this law is usually detrimental to innocent bystanders such as Jose Garcia and Luis Garcia, who are truly the victims. An experienced California personal injury lawyer will be able to advise victims or their families about their legal rights and options in such cases.
We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.
