Elderly Couple Injured in Orange County DUI Car Crash
An elderly couple was injured in an Orange County car accident that officials say was caused by an allegedly intoxicated off-duty Orange County sheriff's deputy. The Orange County Register reports that this collision occurred on March 1, 2010, on the Street of the Golden Lantern, in Laguna Niguel. Deputy Allan James Waters struck the Toyota carrying Benjamin and Dolores Molina with his 2008 Mercedes. The Toyota then collided with a tree. Dolores Molina was taken to an area hospital with injuries.
I sympathize with Dolores and Benjamin Molina and hope they did not sustain serious injuries. I wish them the very best for a speedy and complete recovery. Please keep them in your prayers.
DUI Statistics
According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS) there were three fatalities and 19 injuries involving DUI collisions in Laguna Niguel. Countywide, 62 people died and 1,492 were injured as a result of alcohol-related crashes, in 2008.
Based on this news report, it appears that Waters was stopped by sheriff's deputies in connection with another crash barely a half an hour before this collision. However, officers did not arrest him and let him go. The question that comes up now is whether officers gave Waters a break and let him go or missed his signs of intoxication. Apparently, another driver was following Waters and called 911 because she was concerned about his erratic driving. Sadly, the accident involving the Molinas occurred before help arrived.
Laws and Liability Issues
California Vehicle Code Section 23152 (a) states: "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." The victims in this case would be well-advised to contact a reputed Orange County personal injury lawyer who has a successful track record of holding negligent drivers accountable.
If the Sheriff's Department is determined to have been responsible for letting a suspected drunk driver go, they could be held liable as well. Any claim against a governmental agency must be filed within 180 days of the accident or injury, under California law. A knowledgeable car accident lawyer will also advise victims about how their car insurance policy applies to an incident involving an uninsured or underinsured driver.
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.
