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Unfortunately for many people vehicular manslaughter lawsuits come about fromt the increase in deaths of bicyclist.  Many times DUI related fatalities involve people walking and bicycling when they are injured.  

There are strict laws that will punish the drunk driver or the negligent driver in the criminal courts and many people believe that is the only recourse available to them is through the criminal courts; however, this is not accurate.

WHAT ARE THE STATISTICS FOR PEDESTRIANS AND BICYLIST BEING KILLED BY NEGLIGENT OR DRUNK DRIVERS?

According to the National Highway Traffic Safety Administration 3602 people were killed in California Motor vehicle collissions in 2017.  The majority of the fatal collissions nvolve more than one vehicle and other vehicle occupants and the most likely victims of the collisions, followed by pedestrians, motorcylist, and bicyclist.   Thrity one percent of those involved at least one driver with a blood alcohol lever of 20 or above, more than twice the legal limit. 

California Vehilce Code 23152 makes it unlawful for persons who is under the influence of alcoholic beverage or drug to drive a vehicle while intoxicated which is presumed at a blood alcohol level of 0.08 percent or greater by weight.  Commercial drivers, and drivers carrying passengers in exchange for compensation (taxis, Uber, Lyft, etc.) are presumed to be intoxicated if they have  blood alcohol level of .04 percernt or greater.  

ACCIDENTAL DEATHS CAUSED BY MOTORY VEHICLES AND VEHICULAR MANSLAGTHER

California Penal Code section 192 (c)  defines vehicular manslaughter as unlawful killing of a human being driving a vehicle in the commission of an unlawful act or a lawful ac t which might produce death in an unlawful manner.  

 

The sentencing for this crime would also, depend on wether the crime was committed as a felony or a misdemeanor.  Cases where the driver was intoxicated command more severe punishments depending on whether there was gross or ordinary negligence. 

the consequences can be evern more serious if the person acted with wanton disregard for the safety of others.  

If you have been injured by such a person than you should call us right away even though the person may be punished through the criminal legal system you still may be entitled to compensation for

lost wages

medical bills 

future damages

and other forseable damages  

There could be statutute of limitations issues so if you feel that you have been harmed by the negligence of another driver or is someoen has lost there life a a result of criminal negligence you may still be able to file a lawsuit agains them for there negligent behavior and recieve compensation for your injuries.  

Give our office a call at 559-441-1418, and we can help you get the compensation that you deserve having filed cases like this in the past and having recovered we know the ins and outs of the system and can help you. 

 

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Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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