Daniel Smilanick, 68, was killed in a Ventura car accident, which authorities say, involved a drunk driver who left the scene of the crash the morning of March 18, 2011. According to a news report in The Ventura County Star, the fatal motorcycle accident occurred on Highway 101 near Del Norte Boulevard in Oxnard. Smilanick was riding his motorcycle in the middle lane when a pickup truck driven by Patrick Magann, 23, swerved into his lane and struck him.
Smilanick was pronounced dead at the scene of the accident after suffering multiple blunt force injuries. Magann was arrested after he led authorities on a high-speed chase into Santa Barbara County. He has been charged with murder, leaving the scene of an accident, evading an officer and driving under the influence.
My heartfelt condolences go out to the family and friends of Daniel Smilanick following this tragic hit-and-run accident. My thoughts and prayers are with his grieving family members.
DUI Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), seven people were killed and 143 were injured in Oxnard DUI collisions. During that same year, there were 27 fatalities and 475 injuries reported involving alcohol-related car accidents in Ventura County.
Violation of Several Laws
If the details of this news report are accurate, several violations have been committed here. First, this driver was operating under the influence. According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." He left the scene of the car accident, which is a violation of California Vehicle Code Section 20001 (a), and evaded authorities, putting other motorists on the roadway in great danger. I'm relieved to hear that this dangerous driver has been taken off the roadway.
Liability Issues
In such cases where negligence or wrongdoing is involved, the family of a deceased car accident victim would be well-advised to contact a reputed Ventura personal injury lawyer, who will help hold the at-fault motorist financially responsible for the damages. A knowledgeable car accident attorney will also be able to advise victims' families about how their own car insurance policy might apply to an incident where the at-fault driver is uninsured or underinsured.
Lost a family member in a Ventura County DUI car accident? Want to know your rights? Want to know what your case is worth? Want compensation? Want justice? Want to ensure the same thing doesn’t happen to another family?
Call your best friends in the legal industry after a fatal Oxnard motorcycle accident. Call 866-990-8787. The call is free. The advice may be priceless.
Call a BISNAR | CHASE Ventura wrongful death lawyer for a free professional evaluation of your rights by attorneys who have been representing families of deceased accident victims since 1978. You will experience award winning representation and outstanding personal service by a compassionate and understanding law firm in a comfortable environment.