Intoxicated Driver Crashes Into the Second Story of Bay Area Building

Passengers face serious hazards from dangerous drivers in the Bay Area. There are few things more terrifying than sitting in the passenger seat with a reckless or intoxicated driver – knowing that there is no escape. If the driver reaches a certain speed, exiting the car becomes impossible. You can only sit and pray that the driver completes the journey without crashing – and you are forced to place your fate into the hands of the reckless driver. Unfortunately, many passengers never reach their destinations. If you have lost a loved one under these circumstances, consider a consultation with a wrongful death lawyer in San Francisco.

Driver Faces Manslaughter Charges After Death of Passenger in San Jose

 In July of 2024, NBC Bay Area reported that a driver was arrested after crashing into the second story of a San Jose residence. The crash killed the passenger and resulted in numerous criminal charges. The authorities say that the driver was intoxicated at the time of the crash. They also claim that she was speeding.

The vehicle seems to have flown through the air after hitting several barriers. First, the driver lost control on McKee Road and veered into a curb. She then ran into a fence, causing the vehicle to become airborne. It was at this moment that the vehicle struck the second story of a residence, causing fatal injuries to the male passenger of the vehicle.

The driver, on the other hand, suffered what authorities described as “non-life-threatening” injuries. After her treatment, she was arrested on charges of gross vehicular manslaughter while intoxicated. Thankfully, no one inside the residence was harmed. However, they were present when the vehicle crashed into their home, and they were quickly evacuated due to concerns about structural integrity.

Can You Sue a Driver for Causing Passenger Injuries or Deaths?

 A driver owes their passengers a “duty of care” in California. In other words, they have a legal responsibility to drive in a reasonable manner and avoid crashing. If they fail in this duty of care, they may be held liable for any injuries their passengers suffer. They also become liable for any deaths that they cause.

If your loved one died while riding as a passenger, you may have the ability to hold the driver accountable. This type of lawsuit is called a “wrongful death claim,” and it can provide various levels of compensation. In order to pursue this compensation, you must prove that the driver was “negligent.”

A lawyer can help you prove negligence, which is often a complex process. However, an intoxicated driver who causes the death of a passenger after crashing into a home is clearly negligent. In the event of a death caused by an intoxicated driver, proving that the defendant was drunk may be more than enough to establish negligence.

However, there are many other forms of negligence to consider. One common cause of crashes today is distraction. You may need to prove that the driver was distracted to pursue compensation for certain crashes. For example, the driver may have glanced down at their phone before the crash. In this situation, you might need to obtain cell phone records that show exactly what the defendant was doing on their phone moments before the crash.

Does Criminal Justice Provide Closure After Fatal Crashes?

You might assume that the criminal justice system will ensure that there are consequences for drivers accused of killing passengers. However, this all depends on your definition of “justice,” and prosecutors may fail to secure a conviction. Remember, the burden of proof is quite high in criminal cases. The driver may escape consequences due to some kind of technicality or insufficient evidence.

In contrast, the burden of proof for civil cases is lower. It can also provide you with compensation for the death of your loved one, which may be more useful than seeing a driver behind bars.

Find an Experienced Wrongful Death Lawyer in San Francisco

If you have been searching for an experienced wrongful death lawyer in the Bay Area, consider a consultation with Mary Alexander & Associates. With our help, you can strive for positive outcomes, fair compensation, and justice. Taking legal action will not bring your loved one back, but it may provide a sense of closure. In addition, you can receive compensation for unpaid medical costs, funeral expenses, and other damages. If another driver is responsible for your loved one’s death, you are fully within your rights to consider legal action. Reach out today to get started with an action plan.