On October 19th a Huntington Beach car accident resulted in the death of a 30 year old bicyclist. The 23 year old driver is accused of continuing to drive even after hitting the bicyclist with his truck. Although the cyclist was immediately transported to the hospital he succumbed to his injuries later that same day.
The driver of the truck was arrested four miles from the location of the accident. He was driving under the influence at the time of the incident. The driver had previously pleaded guilty to a misdemeanor drunk driving charge three years ago. In addition he has had a history of drug offenses including pleading guilty to felony possession of heroin with intent to sell in 2010 and felony assault and possession of a controlled substance in 2013.
Under California law if someone drives under the influence more than once they can be charged with murder. If someone is killed as a result of their driving under the influence after they have had one DUI conviction the prosecution can charge the driver with murder.
Therefore in this case the driver was charged with murder. The driver was also charged with felony hit and run and felony possession of a controlled substance. He plead not guilty to all three charges and is currently being held in jail with bail set at 1 million dollars.
This case highlights an unfortunate situation in which consequences of previous criminal behavior did not deter repeating the negative behavior. This time the result was a fatality and the driver is facing a major punishment if he is convicted with murder.
If you have been affected by a car accident contact us to learn how we can help you fight for the settlement you deserve.