Australian Tourist Gets Slap on the Wrist for Fatal Bay Area Crash
It is always disconcerting to see a motorist escape with barely any consequences after causing a fatal crash. While the family of the deceased victim undoubtedly feels a sense of injustice after these rulings, the general population also tends to express shock and dismay. If someone can walk free after killing someone, they could potentially do the same to your loved ones at some point in the near future. Sometimes, justice is not just about putting people behind bars, it is about making sure they cannot hurt anyone else. What can you do if you lose a loved one to a fatal Bay Area car crash? Can an experienced personal injury lawyer in the Bay Area help?
Australian Driver Gets 60 Days in Jail After Causing Wrong-Way Fatality
In late October of 2024, the San Francisco Chronicle reported that an Australian tourist in his early thirties had received a sentence of just 60 days in jail for causing a fatal crash. The accident killed a couple driving in San Mateo County last year, and it occurred because the Australian was driving on the wrong side of the road. He pleaded no contest to two counts of misdemeanor vehicular manslaughter.
Initially, the tourist encountered a road closure, causing him to cross into the other lane and bypass it. However, he forgot to switch back to the right-hand side because he was used to driving on the other side in his home country of Australia. While driving on the wrong side, he proceeded onto a narrow and winding road section.
It was at this moment that another vehicle came around a corner, causing a direct head-on collision with the defendant. This vehicle was occupied by a couple, who were both 80 years old at the time of the crash. They would not reach their 81st birthdays, as this crash was the last thing either of them ever experienced.
Prior to the sentencing, the Australian tourist’s attorneys argued that it was a tragic accident, but it was still an accident. They stated that there were doubts over whether the client’s actions were “criminal,” highlighting the lack of proper signs at the site of the road closure.
Although this two-month sentence might seem like a slap on the wrist, the District Attorney stated that this is actually a standard penalty in normal vehicular homicide cases. Only in particularly egregious cases are longer sentences considered. While one might argue that driving on the wrong side of the road for an extended period of time is an egregious mistake, the court clearly didn’t see it that way.
This case illustrates the difference between criminal courts and civil courts when it comes to fatal accidents. Many California residents are surprised to learn just how light the penalties can be when you accidentally kill someone while driving. However, it’s important to remember that as long as the death was accidental, it is nothing like murder in the eyes of the court.
Often, reckless drivers only face real consequences in civil court. This usually manifests in the form of a wrongful death lawsuit filed by the family of the deceased victim. Depending on the circumstances, wrongful death claims can easily lead to seven-figure settlements or verdicts. These settlements can cover funeral costs, the amount of money the victim would have earned through life, unpaid medical bills, and more.
However, the compensation provided by wrongful death lawsuits is only one factor to consider. After successfully navigating wrongful death claims, many families also feel a sense of justice and closure. Although criminal courts might impose only a short period of incarceration, civil courts give families a chance to hold negligent drivers accountable.
Instead of leaving things up to the prosecutors, they can play a direct role in the proceedings and “have their day in court.” Financial penalties may also discourage other drivers from making similar mistakes, thereby making our community safer.
Contact Mary Alexander & Associates Today
If you are ready to take decisive action after losing a loved one to a fatal accident, consider reaching out to Mary Alexander & Associates. With our help, you can strive for justice, compensation, and closure. We know how important it is to hold reckless drivers accountable, and this is not always possible in our criminal courts. With a civil lawsuit, however, you may be able to ensure real consequences for the negligent driver. Reach out today, book a consultation, and get started with an action plan.
