Alcohol-Related Wreck Kills Popular YouTuber
On the day he turned 25, YouTube personality Corey LaBarrie was killed in an alcohol-related crash.
This wreck occurred in Valley Village in the 4900 block of Carpenter Avenue. According to police, the driver, later identified as 26-year-old Daniel “Ink Master” Silva, lost control of a McLaren sports car, clipped a utility pole, and careened into a tree. LaBarrie died almost instantly, and Silva was moderately injured.
LAPD officers arrested Silva the next day. He now faces unspecified charges in criminal court.
Alcohol is a factor in about a third of the fatal car crashes in California. Alcohol is a depressant that slows motor skills. This substance also replaces good judgement ability with an artificial sense of euphoria. That combination makes it almost impossible to safely operate a motor vehicle.
Generally, victim/plaintiffs can use the ordinary negligence doctrine or the negligence per se rule to obtain compensation for their injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Ordinary negligence is basically a lack of care. We all make mistakes, and we are all responsible for the mistakes we make. Sometimes, these consequences include responsibility for the aforementioned damages. Evidence of a lack of care behind the wheel includes:
- Erratic driving,
- Bloodshot eyes,
- Odor of alcohol, and
- Unsteady balance.
Scientifically, impairment begins with the first drink. So, almost any evidence of consumption is tantamount to evidence of impairment, especially since the burden of proof in civil cases is rather low.
Most people are legally intoxicated after they consume three or four drinks. If authorities issue a DUI citation, the negligence per se shortcut usually applies. Drivers are liable for damages as a matter of law if they violate a safety law and cause a crash. There is no need to prove a lack of care. Victim/plaintiffs need only prove cause.
Some injured passengers hesitate to file damage claims against negligent drivers. However, as mentioned, a legal claim does not “blame” anyone for the crash. It’s a responsibility thing. Additionally, the driver is usually not financially responsible for legal fees or for financial compensation. The insurance company has a duty to indemnify the driver and also pay damages.
Legally, passenger injuries sometimes involve the assumption of the risk defense. This loophole excuses negligent conduct if the victim:
- Voluntarily assumed
- A known risk.
That second prong is very difficult to prove in passenger injury claims. Unless the victim saw the driver operating erratically, the risk of a crash was only a theoretical risk, as opposed to a known risk.Car crash victims need money to put their lives back together, and the experienced Los Angeles personal injury attorneys at the Law Offices of Eslamboly Hakim can obtain the needed compensation. Call us today for a free consultation.
Sharona Eslamboly Hakim, Esq. is a successful personal injury attorney and the principal of the Law Offices of Eslamboly Hakim firm in Beverly Hills, California.