Male Pedestrian Died In Mission Viejo DUI Car Accident Involving A Tesla On Interstate 15
MISSION VIEJO, CALIFORNIA (May 21, 2022) – A male pedestrian has tragically died in a Mission Viejo car accident with a drunk driver in a Tesla on Interstate 15.
Orange County police officials are saying that the collision took place around 10:51 p.m. on Tuesday. A man was walking in the HOV lane of the freeway in a construction zone when he was hit by a Tesla.
Firefighters and paramedics were called to the scene of the collision in order to help the victim. Despite life-saving measures, the man died due to the severity of his injuries.
Police officers interviewed the driver of the Tesla who was arrested on suspicion of DUI. It is unknown if the Tesla was in Autopilot at the time of the crash.
A full investigation into the Mission Viejo pedestrian accident remains ongoing at this time.
Liability In Orange County DUI Pedestrian Accidents
Far too many people are killed or seriously injured in car accidents involving drunk drivers. According to the NHTSA, about 30% of all traffic fatalities in the United States involve a driver with a blood alcohol content (BAC) of 0.08% or higher. Rigorous enforcement of drunk-driving laws has been a major factor in reducing the number of DUI crashes every year. Many drivers don’t realize that there are a number of substances that could intoxicate or impair them.
- Benzodiazepines can impair drivers.
- Certain over-the-counter medications can impair drivers.
- THC can impair drivers.
- The CDC estimates that staying awake for only 18 hours can reduce a person’s ability to drive safely equivalent to driving with a BAC of 0.05%.
All drivers must exercise a great deal of care to avoid hitting pedestrians, even if they are in the middle of the roadway. The vast majority of pedestrian accidents involve drivers that are speeding. Drivers must be particularly cautious in construction zones. Pursuant to California Vehicle Code 22362, it is a prima facie violation of the basic speed law to travel in excess of the posted speed limit for any driver that is within 400 feet of any construction zone or work zone.
It is illegal to operate any motor vehicle with a BAC of 0.08% or higher. Commercial drivers are held to an even higher standard. They must not operate a motor vehicle with a BAC of 0.04% or higher. Any driver that causes an accident while under the influence of alcohol may be held liable for a collision under the doctrine of negligence per se. Drunk drivers may also face criminal penalties for their actions.
Tesla could potentially face civil liability for a pedestrian accident if a vehicle was in Autopilot mode at the time of an accident. Every current generation Tesla vehicle has a driver assistance system the company has dubbed Autopilot. This is not a self-driving system, but it should be able to detect vehicles and pedestrians in the roadway. If a Tesla vehicle in Autopilot mode fails to detect a pedestrian prior to a crash, this could point to defects with the car’s hardware or software. There are many steps that should be taken after any crash involving a Tesla.
- It should be determined if the vehicle was in Autopilot mode.
- Diagnostic testing of the vehicle should be conducted.
- Surveillance footage should be sought.
- The footage taken from the Tesla’s cameras should be examined.
The family of any pedestrian that died in a car accident may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover many of the unexpected expenses that can come with the sudden loss of a loved one. Sadly, insurance companies and car companies will do everything in their power to deny liability for an accident. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating An Orange County DUI Pedestrian Accident
We at TorkLaw extend our deepest condolences to the family of the man that died in this Mission Viejo car accident? Any person that may have more information about what happened should reach out to police. There needs to be some accountability for the sake of all who have lost so much.
Do you need more information about a Mission Viejo Tesla accident? Our team of consumer safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that negligent drivers are held responsible for their actions. Whether you just have questions about the law or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at (888) 441-4991.
