On Feb 12, 2020, at around 4:30PM, A Toyota Prius made a right turn at a Mission District intersection despite there being a red light. The Prius then proceeded to drive onto a crosswalk where it collided with the front end of a bus. In the collision, it pinned the first of the three victims of this crash between the bus and vehicle.
The car then drove onto a sidewalk where it struck a man and a woman as they were getting off a bus. Three to five minutes after the accident, the driver drove back to the scene where he was then arrested and detained by the police. According to the police, the driver displayed signs of intoxication. Two of the victims were left with life-threatening injuries. The driver is expected to be charged in violation of California Vehicle Code 23153.
Vehicle Code 23153
VC 23153 is a law that prohibits driving under the influence. However, this particular code specifies the corresponding sanctions should a person under the influence cause injury to other people as a result. For a person to be charged in violation of VC 23153, the prosecution must prove three points:
- That the defendant was violating California’s laws.
- That while doing so, the defendant violated another law or that the defendant acted in a negligent manner while driving.
- That the defendant, by way of negligence, caused serious injury to another person.
Violating California’s Laws
A person is deemed to have violated VC 23153 if the driver is found to have a blood alcohol count of 0.08% or greater. However, it should also be noted that commercial drivers are subject to different standards. Commercial drivers are expected to have a blood alcohol count of less than 0.04% because of the fact that they are responsible for the safety of the riding public.
Negligence While Driving
A person is deemed to have acted in a negligent manner if that person failed to take measures that a reasonable person would take in order to avoid an accident. For example:
Even when Bob was driving under the influence as he rear-ended Mike’s car, injuring Mike, the court would treat this as a misdemeanor.
However, if Bob happened to be speeding while under the influence of alcohol at the time of the crash, he would be deemed negligent.
This element is straightforward in that the injury of the plaintiff must have to have been caused directly by the defendant’s negligent act.
Vehicle Code 20001
VC 20001 specifies a felony hit and run, wherein a driver who fails to stop to provide information and assistance to anyone requiring medical attention. Because we’re already dealing with VC 23153, the driver is already presumed to be at fault, as is the case with the driver of the Toyota Prius cited above. If you find yourself on either side of these lawsuits, you might want to consult with seasoned personal injury lawyers like the ones from the Davis Law Group to help you.
Driving is not a task that should be taken lightly. There are a plethora of rules that ensure that accidents, like the one mentioned above, are avoided. So, stay on the good side of the law by following road rules at all times.