California Injury Blog
Margarita McIntosh, 75, was killed in a Ventura pedestrian accident, which officials say involved a school bus driver who was under the influence of drugs. According to a CBS Los Angeles news report, the fatal collision occurred at the intersection of Woodland Street and Brookshire Avenue, the afternoon of September 26, 2012. Officials say the school bus carrying 11 children was heading north on Brookshire when it made a left turn on Woodland striking the elderly pedestrian who was walking in a crosswalk.
McIntosh was transported in critical condition to an area hospital where she died. The school bus driver, 54-year-old Joanne Madaule, was under the influence of unspecified drugs at the time, California Highway Patrol officials said. She was arrested on suspicion of felony DUI and for being under the influence of a controlled substance. The investigation is ongoing.
I offer my deepest condolences to the family members and friends of Margarita McIntosh for their terrible loss. Please keep them in your thoughts and prayers.
DUI Statistics
One person died and 52 were injured as a result of DUI crashes in the city of Ventura, according to CHP’s 2010 Statewide Integrated Traffic Records System (SWITRS). During the same year, 19 fatalities and 398 injuries were reported due to DUI collisions, during the same year.
Violation of Laws
Based on this news article, the driver of the school bus, Madaule, was under the influence of drugs at the time. In addition, she struck McIntosh who was walking in a marked crosswalk at the intersection. According to California Vehicle Code Section 23152 (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” Drivers are required to yield the right-of-way to pedestrians who are in crosswalks, according to California Vehicle Code Section 21950 (a).
Liability Issues
In this particular case, the family of the deceased victim may be able to file a wrongful death claim not only against the negligent driver, but also against her employer and the school district. It is the responsibility of the employer to screen drivers for alcohol and drug use and hire drivers with a clean record. If the employer and/or school district are determined to have been negligent in this regard, they can be held accountable. An experienced Ventura personal injury lawyer will be able to stay abreast of the official investigation and ensure that the family’s legal rights and best interests are protected.