On July 14th, 2024, ABC 10 reported that a DUI arrest was made related to a tragic broadside collision that took the life of a 22-year-old woman. The incident occurred in the Lakeview District of Stockton, shortly after 1:00 AM. Within this article, our Stockton wrongful death lawyers explain what we know about this heartbreaking collision and provide an overview of victims’ rights for fatal DUI crash claims in California.
22-Year-Old Woman Killed in Drunk Driving Collision in Stockton’s Lakeview District
Tragically, a 22-year-old woman, whose name is being withheld by authorities, was killed in a crash in the Lakeview District of Stockton just after midnight, in the early morning hours of Sunday, July 14th. Her car was broadsided at an intersection near Quail Lakes Drive and North Pershing Avenue. A broadside collision (T-bone accident) happens when the side of one vehicle is struck by the front or rear of another vehicle. Notably, a 24-year-old woman named Estrella Preciosa Pantoja was arrested at the scene of the crash. She reportedly had a blood alcohol concentration (BAC) in excess of 0.08 percent. Ms. Pantoja was booked into the San Joaquin County Jail. She is facing several criminal charges, including vehicular manslaughter with gross negligence and felony DUI.
DUI Accident Claims are Complicated (May Be a Criminal and Civil Case)
DUI accident claims can be complex as they often involve both criminal and civil legal actions. In the criminal case, the driver accused of DUI faces charges from the state. A fatal drunk driving crash or drugged driving crash can lead to a very serious felony charge. On the civil side, victims of the crash can file a lawsuit to seek compensation for damages such as medical bills, lost wages, pain and suffering, and wrongful death damages.
Surviving Family Members May Have a Wrongful Death Claim After a Fatal DUI Crash
The loss of a loved one to a DUI accident is devastating. These are crashes that simply never should have happened. Drunk driving and drugged driving are easily avoidable. Intoxicated motorists must be held accountable for the harm that they caused. In California, it typically means filing a wrongful death claim against the at-fault driver, their insurance carrier, and any other responsible party. Here are key things to know about DUI crashes and wrongful death claims in California:
- Eligibility to Bring Claim: Only limited people can bring a claim. In California, wrongful death claims can be initiated by the deceased’s surviving spouse, domestic partner, children, and under certain circumstances, other family members, such as parents or siblings. If you have any questions about who should file, a Stockton wrongful death lawyer can help.
- Statute of Limitations: The statute of limitations for filing a wrongful death claim in California is generally two years from the date of the individual’s death. However, if the death is the result of a criminal act such as a DUI, the time may be extended depending on when the defendant is charged or convicted. Be proactive: Consult with a lawyer right away.
- Standard of Liability: For a wrongful death claim in a DUI crash, the standard of liability typically hinges on proving that the defendant’s negligence or intentional act resulted in the fatal accident. Most often, this means proving that the driver was under the influence and that this condition directly caused the accident and the victim’s death.
- Dram Shop Law May Apply: California’s dram shop laws are limited but may apply if alcohol was served by a business to a visibly intoxicated minor who then caused the fatal accident. However, adults who are visibly intoxicated are not covered under these laws.
- Remedy for Grieving Families: Unfortunately, nothing can ever truly make up for the loss of a family member to a drunk driving crash. At the same time, families need justice and financial support. Compensation is the primary remedy for families who have lost a loved one to a DUI crash. The remedies in wrongful death claims can include compensation for lost wages, loss of companionship, emotional distress, and funeral and burial expenses.
What to Know About Punitive Damages and Deadly DUI Accidents
California allows the awarding of punitive damages in wrongful death cases. However, punitive damages are not granted in every claim. Punitive damages are applicable in cases where the defendant’s actions are found to be particularly egregious or reckless. As a general matter, the claimant (grieving family) must prove that the defendant’s gross negligence contributed to their loved one’s death. Notably, drunk driving and drugged driving may warrant punitive damages.
Indeed, in a California wrongful death claim, proving that a driver operated a vehicle with a “conscious disregard” for the safety of others can lead to punitive damages. If you have any specific questions about punitive damages, an experienced Stockton wrongful death lawyer can help.
Why Grieving Families Rely On the Wrongful Death Lawyers at Redkey Gordon
Do you lose a loved one to a crash with a drunk driver in the San Joaquin Valley? Your family needs justice and accountability. Wrongful death claims are complicated. Do not try to take on the legal system alone. At Redkey Gordon Law Corp, we are here to help you and your family navigate life’s most difficult times. With a proven record of case results, our Stockton, CA wrongful death lawyers are prepared to take care of all of your legal needs so that you can focus on the healing process.
Contact Our Stockton Wrongful Death Attorney Today
At Redkey Gordon Law Corp, our Stockton wrongful death lawyers are compassionate, experienced advocates grieving families. If your family member was hurt in a DUI crash, our team is here to help. Contact us today for a free, no obligation initial appointment. From our Stockton office, we represent families in wrongful death claims throughout Central California, including in San Joaquin County, Stanislaus County, Sacramento County, Amador County, and Calaveras County.