10-Year-Old Boy and 16-Year-Old Girl Succumbed to Fatal Injuries after Suspected SR-78 DUI Crash
Vista, CA (June 19, 2023) – A suspected SR-78 DUI crash left a 10-year-old boy and 16-year-old girl with fatal injuries. According to Fox 5, the crash occurred around 6:12 p.m. on Sunday.
A 10-year-old boy and 16-year-old girl succumbed to fatal injuries after a suspected SR-78 DUI crash.
The California Highway Patrol responded to a suspected DUI crash on SR-78 in Vista, leaving two children with life-threatening injuries.
Unfortunately, responding authorities later pronounced the two children dead at the scene. They were identified as 10-year-old Alan Gerardo and 16-year-old Amy Monserrat.
According to the authorities, a GMC Yukon, where both children were riding among four others, stopped on the freeway’s right shoulder.
The victims then went on foot into the traffic to retrieve a suitcase that loosened from the top of the car.
Unfortunately, a Nissan sedan struck both victims in the No. 3 lane. The 41-year-old sedan driver did not incur any injuries from the crash and stayed at the scene for the investigation.
Moreover, authorities believed the Yukon driver was the victims’ mother, 33-year-old Sandra Ortiz of Vista.
Police arrested her on the charges of DUI, gross vehicular manslaughter while intoxicated and child endangerment in relation to the accident.
According to the San Diego County Sheriff’s Department, they booked Ortiz into Las Colinas Detention and Reentry Facility in Santee, California. Her bail is $500,000, and she is due to appear in court on Thursday at 1:30 p.m.
Miguel Aguilar, the children’s father, stated that his family was homeless but had been sleeping in hotels for some time. They had been sleeping in the car for the previous week.
Ortiz and the kids were on their way to Sunset Park in San Marcos on Sunday to sell bracelets to earn money for a Father’s Day gift when the event occurred.
Amy, 16, enjoyed baking and cooking for her siblings. She aspired to be a chef. While Alan, 10, aspired to be an architect.
Relatives and family members will remember both for their kindness and compassion.
A GoFundMe campaign has been set up for the victims’ memorial and funeral expenses.
Meanwhile, CHP is still investigating this SR-78 crash. Anyone with information should contact the Oceanside Area CHP office at 760-643-3400.
J&M Tip: If you must stop on the highway, wear your seatbelt and remain in your vehicle. If an issue arises, such as an obstruction on the road, contact the highway patrol for assistance.
Google Map of Pedestrian Accident in Vista, CA
More About Pedestrian Accident Liability
Pedestrians usually get major injuries in pedestrian accidents. Sometimes, they can even cause death. When it comes to liability, it can fall on the pedestrian or driver based on various factors of the accident. Proving liability can become vague or obvious. The process generally involves finding out who acted carelessly, causing the accident. Any Los Angeles personal injury or accident lawyer will tell you that you need to show the following to prove negligence and liability:
- legal responsibility or “duty of care”
- violated or breached the duty of care
- the violation caused the accident
- the violation resulted in injuries or damages
In some cases, the driver might’ve sped down the road, hitting the pedestrian. This can put fault on the driver. Meanwhile, pedestrians can get hit by a car because they acted against traffic signals, such as jaywalking. In these instances, the pedestrian can become at fault. Other factors, such as lack of road markings and ample lighting, can also lead to pedestrian accidents. In these cases, a pedestrian accident lawyer can help look at all angles to determine liability. Learn more about pedestrian accident lawyers in California here. You can also check out these resources about wrongful death attorneys and personal injury lawyers.
Personal Injury (Wrongful Death) Claims in Vista
In this case, the family members of the two children in this SR-78 DUI crash can have the right to pursue a wrongful death lawsuit. However, it can depend on the investigation’s findings. In addition, negligence by a person or business can contribute to an accident, which might have resulted in the death of a family member. If that is the case, you may be able to file a wrongful death claim and receive a big settlement.
Indeed, no amount of money will ever make up for the death of a loved one. However, receiving the maximum settlement and winning a judgment can give a sense of justice. Also, it can offer some peace of mind.
Do you have any legal questions about accidents? Get answers and common accident-related legal advice here:
- Wrongful Death
- Hit and Run Accident
- Car Accident
- Motorcycle Accident
- Pedestrian Accident
- Truck Accident
- Bicycle Accident
Get reliable answers to common legal questions by checking out our list of practice areas here.
Indeed, nothing can alleviate the pain of losing a loved one. However, getting your rightful compensation is also important to help with recovery. Getting advice and guidance from experienced personal injury attorneys can help you pursue your case. For instance, Jacoby and Meyers has a team of the best lawyers for any car accident, wrongful death, or motorcycle accident cases in California, including Los Angeles, Vista, and Sacramento. Consulting a lawyer can help you get insight and information about complicated topics, including car accident settlements and more. If you’d like professional advice about your case, call us today at 888-960-0480 for a free consultation. We are available 24 hours a day, 7 days a week, to help you.
Source(s):
- https://fox5sandiego.com/traffic/mom-of-minors-killed-in-sr-78-crash-arrested-for-suspected-dui/
- https://abcnews.go.com/US/children-died-retrieving-luggage-california-freeway/story?id=100199223
- https://www.nbcsandiego.com/news/local/arrest-made-in-pedestrian-crash-of-2-children-on-sr-78-in-vista/3248906/
Jacoby & Meyers does not represent any of the parties mentioned above. Nevertheless, we express our deepest sympathies for the family and friends of the victims.
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