Pedestrian Struck and Killed
During the early evening hours of Sunday, September 19, 2021, an elderly pedestrian (a 78-year old man) was struck and killed in Auburn, California. A 25-year-old Granite Bay woman was arrested on suspicion of Driving Under the Influence (DUI) in connection with the fatal incident.
Details of the Deadly Collision
According to representatives from the Auburn Police Department, the incident took place shortly after 6:30 p.m. on Sunday. Officers were dispatched to Auburn Folsom Road in the vicinity of Sunrise Ridge Circle after calls came in reporting a vehicle versus pedestrian event.
The Aftermath of the Crash
First responders found the 78-year-old man, a pedestrian, dead at the scene. His identity has not yet been released pending notification of his family.
A 25-year-old female motorist was arrested on suspicion of DUI. She also faces charges of gross vehicular manslaughter while intoxicated. She was booked into Placer County Jail, then released on $150,000 bail, according to an Auburn Police news release and jail records.
The tragic incident remains under investigation. If anyone has any relevant information about the crash, contact the Auburn Police Department.
Gross Vehicular Manslaughter (DUI)
While the details of how the collision actually happened have not been released, we do know that a 25-year-old female motorist from Granite Bay is facing charges related to the killing of an elderly pedestrian. The charges she is facing fall under the Homicide Section of the California Penal Code.
Section 191.5 of the Penal Code lays out the definition of Gross Vehicular Manslaughter (DUI) as the illegal killing of a person while violating sections of the California Vehicle Code that relate to impairment. Under this charge, there is no malice aforethought. The circumstances of the killing must either include:
- Gross negligence and the killing is a result of committing an illegal act that does not amount to a felony; or
- The killing is a result of committing a grossly negligent act that is not unlawful but that that may produce death, and which is committed in an unlawful manner.
Potential Penalties for Gross Vehicular Manslaughter with DUI
Depending on which subdivision of the Penal Code applies to the charged acts, a conviction on the charges could result in imprisonment in either state prison or county jail. If there are prior convictions of the same offense, the person could potentially be imprisonment in state prison for 15 years or longer.
Pedestrian Accidents and Impairment
Pedestrian accidents are on the rise in California and throughout the country. A majority of fatal pedestrian accidents involve impairment by drugs or alcohol, either of the motorist or of the pedestrian.
Wrongful Death Lawsuits After Pedestrian Accidents
The term “wrongful death” is a legal phrase used when another person is liable (legally responsible) for the death of another. This situation creates the basis for a civil lawsuit in which members of the decedent’s family can file suit against the wrongdoer for financial compensation. In some cases involving DUI crashes, the plaintiff(s) may be awarded punitive damages, which are designed to further punish the wrongdoer.
Watch the YouTube video. The clip below further explains the concept of wrongful death.
Auburn Personal Injury Attorney
Thank you for visiting our legal blog. My name is Ed Smith, and I am an Auburn personal injury attorney. We are saddened to report on this tragic death of an elderly pedestrian at the hands of a suspected impaired driver. The vast majority of automobile accidents are caused by driver negligence. If you or your family has suffered harm as a result of the carelessness or recklessness of another motorist, call our compassionate injury lawyers for help. We can be reached at (530) 392-9400 or (800) 404-5400 and are happy to dispense free and friendly advice.
Client reviews of our firm’s services can be found at the following sites:
Picture: by Geralt on Pixabay
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