Redondo Beach Alcohol-Fueled Wreck: DUI Accident Challenges And Legal Resolution
Investigators are still looking for witnesses to support pending intoxication manslaughter changes against a California man.
The woman died at the crash site, which was near the intersection of Artesia Boulevard and Rindge Lane. Police did not release her identity since her family had not been notified yet. While they have not arrested the other driver, police believe this person “caused the collision.” Paramedics rushed the driver to the hospital. Doctors are hopeful that the driver will survive.
They hope to shortly wrap up their investigation and present felony criminal charges of vehicular manslaughter while intoxicated to the Los Angeles District Attorney’s Office.
DUI Accident Proof Issues
Although DUI collisions are relatively easy to prove in civil court, as outlined below. They’re almost impossible to prove in criminal court. That’s why investigators in this story need more evidence to make the charges stick.
The burden of proof in criminal cases is beyond any reasonable doubt. The “under the influence” portion is usually easy to prove in these cases. Doctors almost always extract blood samples at hospitals. But the “driving” element in a driving under the influence case often creates proof problems.
At best, when emergency responders arrive on the scene, they see the defendant behind the wheel of a disabled vehicle. Usually, the defendant has left the car. Either scenario doesn’t establish “driving” beyond any reasonable doubt. So, a credible witness must place the defendant behind the wheel at or near the time of the wreck.
In contrast, Lost Angeles Car Crash Lawyers must only prove facts by a preponderance of the evidence (more likely than not). If the tortfeasor (negligent driver) was in or near the car, it’s more likely than not that s/he was driving at the time of the crash.
Intoxication, or rather impairment, is also much easier to establish in civil court. Lawyers for Drunk Driving Accident Victims typically use circumstantial evidence, such as:
- Erratic driving before the crash,
- Physical symptoms, like bloodshot eyes, and
- Prior visits to a bar or alcohol-serving restaurant.
Dangerous alcohol impairment, which includes slow reflexes and clouded judgment, begins after the first drink.
Resolving a Case
A bird in the hand is worth two in the bush. Plea bargains resolve most criminal cases and out-of-court settlements resolve most civil claims.
Criminal court plea bargains are often tilted toward the state. The only parties are the defense attorney and prosecutor. Civil out-of-court settlements are tilted toward victims. A third-party mediator makes all the difference.
Usually, judges appoint mediators if settlement negotiations stall or break down. The neutral mediator examines the facts, listens to both sides and helps them reach agreements. During that final process, each side has a duty to negotiate in good faith. A low-ball offer is not a good-faith offer.
Mediation usually happens at the tail end of the litigation process. Furthermore, Personal Injury Lawyers in Los Angeles must thoroughly prepare a case to obtain maximum compensation. So, if a case settles early, it’s usually because an unprepared and impatient lawyer convinced a victim to accept a low-ball offer. That’s something we simply don’t do. Drunk drivers must face the music in criminal and civil court.
Contact Our Los Angeles Personal Injury Attorneys
For a free consultation with our Drunk Driving Attorneys in Los Angeles, California, contact the Law Offices of Eslamboly Hakim. Attorneys can connect victims with doctors, even if they have no insurance or money.