One Dead, Two Critical in Thousand Oaks Crash
I’m Ed Smith, a Thousand Oaks car accident lawyer. An accident on April 28 on Highway 101 killed one person and left two others with critical injuries in Agoura Hills, about 10 minutes from Thousand Oaks. Two lanes of the highway were closed for over five hours during an investigation of the accident by the California Highway Patrol.
The accident occurred in the early hours of the morning in the westbound lanes of Highway 101 near Chesebro Road, according to the dispatch supervisor of the fire department in Los Angeles. The CHP reported that a man was driving along in a 2007 Chevy pickup when the vehicle suddenly veered, hit a metal guardrail and then stayed in motion, finally colliding with the concrete overcrossing for Chesebro Road.
Accident Injuries – Thousand Oaks Crash
Of the occupants of the pickup, one passenger was killed in the collision, while the driver and remaining passenger were critically injured. Both were transported to a hospital nearby.
Can Passengers File a Lawsuit Against the Driver of the Vehicle?
If the operator of the vehicle was driving negligently, a passenger can file a claim against the driver’s insurance company or a lawsuit against the driver. In one-vehicle collisions, negligent vehicular operation may include:
- Driving while impaired
- Reckless driving
- Distracted driving
- Not driving appropriately for weather conditions
This behavior means the driver breached his or her duty of care to passengers in the vehicle. Under California law, the driver’s liability for the injuries suffered by the passengers is clear.
Passengers of an Impaired Driver
Obviously, an impaired driver is acting in a way a prudent person wouldn’t, and as such, could be liable for a passenger’s injuries. The question here is whether the passenger was partly to blame for getting into a vehicle with a drunk driver. The passenger’s knowledge of the driver’s impairment may mean the passenger shares fault with the driver. California is a pure comparative fault state. If the passenger files a claim for $50,000, but the insurer or the court finds that the passenger was 50 percent responsible because the passenger knew the driver had been drinking, the injured passenger may receive $25,000 due to their complicity.
Other Articles by Ed Smith:
Thousand Oaks Car Accident Lawyer
I’m Ed Smith, a Thousand Oaks car accident lawyer. Motor vehicle accidents can make life-altering changes to an injured person’s life. If you, or a family member has suffered a serious accident injury or you have lost a loved one in a crash, call me at (805) 372-0200 in Thousand Oaks for free and friendly advice. For those elsewhere in Ventura County, call (800) 404-5400, toll-free.
In addition, I have a short online contact form. After filling out the basic information, I will get back to you quickly.
In addition, I belong to the Million Dollar Advocates, a group restricted to lawyer who have received $1 million and more in settlements and verdicts for former clients.
Photo Attribution: https://pixabay.com/en/emergency-emergency-services-1137137/
Source of Thousand Oaks Crash ~