Bicyclist Killed in Fatal Hemet DUI Accident, Driver Arrested
A 28-year-old female driver was arrested in Hemet on suspicion of gross vehicular manslaughter and driving under the influence after she fatally struck a bicyclist on a city street, the local NBC news station reports. The 38-year-old bicyclist was reportedly riding on North Yale Street at about 8 p.m. Dec. 9 when the accident occurred, police told Channel 4.
The driver, Desiree Bliss, told officers that she was “distracted by something behind her” and turned to look back. She said she hit Danny Walton just as she turned her attention back to the road. Walton was taken to Hemet Valley Medical Center, where he was pronounced dead a few hours later.
This is such an unfortunate and tragic event for Walton and his family. This tragedy should go out as a warning to everyone, especially in the holiday season when parties and drinking are at an all-time high. When Desiree Bliss got into her car that night, she probably never thought that she was about to be responsible for taking a life and spending some serious jail time. Let this incident be a lesson to all of us as we celebrate the holidays.
The other aspect of this story is that there is no significant dangerous roadway condition along the 100 block of North Yale Street that could have caused this fatal accident. The area is poorly lit, but it is also flat, clear and straight. The accident location is just north of Florida Avenue and Highway 74 and Hemet Valley Medical Center is less than a mile from the accident scene.
Walton’s family would be well-served in consulting with one of Southern California’s stronger personal injury firms that specializes in pedestrian accidents and bicycle versus auto accidents. They need an experienced personal injury lawyer on their side right away to investigate this accident. You can bet that Bliss’ insurance company has their investigators looking into this incident already trying to find ways to blame the accident on Walton.
Let us pray for Walton’s family and hope they get the closure and justice they so badly need.
Comments
Why did the driver get arrested if he didnt mean to do it.
Posted by: shams Abdel Salam | December 12, 2007 10:40 AM
Good question Abdel. I'll explain.
The news report discussed in this post states that the driver has been arrested "on suspicion" of driving under the influence and of vehicular manslaughter. You asked why the driver would have been charged with these crimes if she did not intend to kill or hurt the bicycle rider. The police personnel who responded to the scene of the accident must have observed enough of the driver's behavior that they felt they had "probable cause" to believe that the driver had been under the influence. The reported explanation of the driver, that she had diverted her attention from the roadway ahead of her, was probably enough to believe that she had been so negligent in her driving that she was "grossly negligent" - a requirement for vehicular manslaughter (manslaughter does not require an intent to kill or to create a risk of serious injury: that would support a charge of murder).
Keep in mind that what we reported are just "charges", and not convictions. The district attorney's office will investigate and collect evidence, then evaluate that evidence before any complaint is actually filed which might start a criminal court process against the driver. She will have the assistance of a skilled attorney to help defend against whatever complaint is filed. Most criminal cases settle, frequently for "lesser included offenses" than the very serious charges that are reported in news articles like this one. I hope that, given the pain that this incident will cause the driver for the rest of her life, a fair balance of justice will be served in crafting society's punishment, if any, for this event.
The manslaughter charge reminds us how dangerous an activity that driving a car is, and how much responsibility for the safety of others is entrusted to us when we are given a license to drive. A moment's inattention or diversion, even for the best of reasons, while we are driving, can be the cause of serious injury, death, and despair for a victim and his family, and a lifetime of recrimination and guilt for the driver and her family. Each one of us face this risk every time we drive.
Often times while I am driving and thinking about my client’s cases and how their accidents occurred, I will think about my own driving. I think about the risk I am exposing myself, my family, and others to when I am behind the wheel and the awesome responsibility I have to drive safely. I reminded myself about how I need to protect everyone by being as safe as I can when I drive. I also reminded myself that part of my driving responsibility is to make sure that any person I might cause injury to is protected by my securing liability insurance with meaningful bodily injury coverage.
Posted by: John Bisnar | December 13, 2007 9:46 AM
This woman has a previous DUI on her record.
Posted by: JOE | December 20, 2007 12:37 PM