According to local reports 3 were injured following a wreck with a suspected drunk driver in La Habra California. The accident occurred around 2:40 a.m. Monday September 5 when 20-year-old Edgar Reyes lost control of his vehicle at an intersection. He then hit a retaining wall and 3 parked vehicles. 2 passengers and Reyes were injured in the accident.
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Commentary
Drinking and driving is bad enough by yourself but when passengers are involved it becomes an even worse act. A third party investigation would need to corroborate the police reports that the young man was drinking. If this is found to be true he could face liability in personal injury claims. To have a claim a person must be injured as a result of the actions or inaction of another person. A driver owes a duty to themselves their passengers and other motorists to act in a safe manner. If the investigation can determine this duty was neglected typically a personal injury claim can proceed.
Unfortunately in the state of California this may be the only remedy for victims as the state holds no social host laws for adults or minors. These types of laws could hold a homeowner liable in the event a guest becomes intoxicated and is involved in an accident. I will say however there could be vendor liability because of the drivers age if he was found to be drinking at a bar or restaurant prior to the accident. Furthermore some states (like Texas) have loopholes in the laws for people who are 18 or older but less than 21. This would be dependent on local California law but would create a gray area in the state of Texas.
Texas Personal Injury Attorney Michael Grossman
