San Diego News 6’s Elex Michaelson reported that 27-year-old Oscar Lopez was fatally injured and his 5-year-old son Oscar Jr. was also injured after they were both thrown from their vehicle shortly after midnight last Sunday. Mr. Lopez and his son were sleeping in the back seat of their SUV, coming home from an Easter party when William Romero, a 43-year-old alleged drunk driver, lost control of his 1992 Chevrolet Camaro and struck the 2004 Ford Explorer. The two cars were travelling on I-5, south of Basilone Road according to the California Highway Patrol. Mr. Lopez was pronounced dead at the scene and his son was airlifted to a hospital. Romero ran from the scene but was later apprehended by Border Patrol Police at San Onofre State Beach and arrested. Romero pled not guilty to gross vehicular manslaughter and other charges on Wednesday.
Our deepest sympathy goes out to Mr. Lopez’s wife Angela Lopez ,Oscar Jr. and their family and friends.
Applicable California Law
In addition to the criminal chargers, Romero will be liable for the wrongful death of Mr. Lopez and any physical injury his wife and son suffered from the incident as well as potential punitive damages. Being at the scene and having witnessed the death of their husband and father the Lopezes also have claims for negligent infliction of emotional distress. However, the fact that Oscar and Oscar Jr. were not wearing their seatbelts will have an effect on the value of any claims as being a contributing cause of their injuries.
The loss of a husband, father or any loved one is devastating and no amount of money can compensate the family for their loss. The law is merely an attempt to restore the injured to their pre-injury status. However, victims of auto accidents who have suffered serious physical injury or the wrongful death of a loved one need emotional support, guidance and advice from experts. That is why talking to an experienced personal injury attorney can be invaluable