A man from Huntington Beach has been sentenced to three years of probation after a tragic car accident in which he rear ended a truck, which collided with a mother as she was walking with her baby in a stroller in a crosswalk. The baby was launched approximately 70 feet from the impact and died from her injuries in this California wrongful death accident. The mother sustained a dislocated shoulder and fractured vertebrae. The 11 year old niece of the woman was also injured and sustained a broken femur in the Orange County pedestrian accident.
The man was charged criminally for his actions, and plead guilty to misdemeanor vehicular manslaughter, because he caused the Orange County car accident when he was distracted while trying to prevent his laptop from falling off of the seat to the floor of his car. Usually we see vehicular manslaughter charges where the driver who causes the car accident was found to be driving while intoxicated.
However, to be convicted of vehicular manslaughter, it is only necessary to show ordinary negligence and a misdemeanor, infraction or other lawful act that may cause death, such misdemeanor, infraction or other act in fact causing the death. This is another reason to be especially careful while driving and not to talk on your cell phone, text or be involved in other distractions, as engaging in such behavior at the time of an accident could have a serious criminal effect.
Anyone injured in a car accident or pedestrian accident in California should call our office right away for a free consultation. Our personal injury lawyers have been handling car accident injury cases for over 30 years and will fight to get you the best result possible.