[08-10-2024] 1 killed after suspected DUI crash in South San Jose

An 18-year-old woman was killed in a suspected DUI accident in south San Jose on Saturday evening, August 10, 2024.

According to the California Highway Patrol, the fatal crash occurred in the southbound lanes of Highway 101, south of Hellyer Avenue, around 11:40 p.m.

The victim, later identified as 18-year-old Emily H., was on her way home from a late shift at Great America in Santa Clara, California when the incident occurred. About five minutes from home she was hit by another vehicle. She then allegedly stopped to exchange information with the driver.

While she was talking to the driver who hit her from behind, Emily H. was struck and killed by a second driver, a 43-year-old woman from Morgan Hill.

CHP reported that the 43-year-old driver was arrested on suspicion of driving under the influence resulting in injury. She sustained minor injuries in the accident. It is not immediately known if the other driver who first struck the victim was also injured.

The victim’s father has now started a fundraising campaign to give his daughter a worthy farewell. As of Tuesday morning, the fundraiser had raised about $4,300 of its $10,000 goal.

The southbound lanes of Highway 101 were partially closed for several hours after the crash and were reopened just before 3 a.m. Sunday.

Anyone with information about the case is asked to contact the CHP San Jose Area Office at (408) 961-0900.

Ask our award-winning DUI accident victim lawyers in San Jose, California for help

Feelings of fear, anger, or distrust after a DUI accident are normal. The negligent party is responsible for paying any damages caused to the victim, including medical bills, lost wages, and other financial expenses. Obtaining compensation for a DUI accident can be challenging, but our San Jose personal injury law firm can help.

Get legal advice from our DUI accident experts led by Arash Khorsandi, Esq., who can help you evaluate your case. Additionally, they can help you if obtaining further information or a police report proves difficult.

Our award-winning San Jose DUI accident victim lawyers will do everything possible to enforce your claim and protect your rights. As one of California’s largest law firms specializing in personal injury cases, Arash Law has successfully obtained over $500 million in compensation for clients.

To schedule a free initial consultation with one of our personal injury attorneys, please call (888) 488-1391 or complete our “Do I Have a Case?” form.

Ways to protect yourself after becoming a victim of a DUI accident in San Jose

Insurers support most claims related to accidents caused by drunk driving. One of the crucial things to keep in mind is that the insurance provider is not always impartial. Please remember that protecting your financial interests is your top priority; They focus on their income rather than providing full and fair compensation to you and your family.

Insurance companies invest a lot of money in training staff to defend their company’s interests. After a serious DUI accident, you may receive a call or inquiry from the at-fault driver’s insurance company. Be careful when considering this type of request. An insurance adjuster, despite his pleasant demeanor, is not on your side. They don’t have your best interests at heart and you can’t rely on them for advice.

Our San Jose DUI accident victim lawyers have put together the top seven suggestions for dealing with the insurance company after being injured in a drunk driving accident.

1. Check yourself for any injuries and then contact authorities. Make it a priority to seek immediate medical attention and contact appropriate authorities to treat any injuries.
2. Gather information. Take pictures of your injuries and any signs of negligence and create a thorough record of the incident. Be sure to obtain information from any witnesses who were present at the accident.
3. Never admit or accept blame. In DUI incidents, insurance companies often place blame on the injured victim. If they can do this, they can reduce their liability. This means that funds are deducted directly from their finances. Never acknowledge or accept responsibility for fault in a DUI accident. A drunk driver should be responsible for their wrongdoing. In addition, injured parties are advised not to openly discuss the question of fault with an insurance adjuster. This is one of the most common mistakes people make after a car accident.
4. Avoid making a statement. You are not required to provide the insurance company with a documented statement immediately after an accident. However, you may receive numerous calls from an insurance adjuster asking for a settlement. The reason for this is simple: you want to collect information that could be used against you during the claims process. Be silent. Your words could be manipulated or misunderstood. Communication between you and the insurance company is handled by your lawyer.
5. Avoid early settlement negotiations. When it comes to DUI accident lawsuits, insurers often find it difficult to completely avoid liability. That’s why they change their strategies. When responsibility is obvious, insurance companies limit the amount of compensation awarded to an injured person. A typical strategy is to offer the DUI accident victim a quick, undervalued payment. Do not accept a severance package that is less than what you deserve. Let your DUI accident victim attorney handle the settlement negotiations.
6. Do not sign any documents without a lawyer by your side. It is advisable to seek legal advice before signing any documents from an insurance company. Insurance companies often require injured individuals to sign a full release of their medical records. Ignore their claim that a paper is “standard procedure.” You’re looking for information you can use to lower your compensation. You may not need to give them full access to your records. Your lawyer will ensure that your rights are protected.
7. Work with experienced attorneys for DUI accident victims. You don’t have to deal with a large insurance company yourself. In most DUI accident claims, there is a significant amount at stake. Insurance companies provide money to find ways to lower your payments. To promptly protect your rights, it is advisable to work with the insurance company only after contacting qualified California DUI accident victim lawyers. You are entitled to legal representation. Use it.

I HAD AN ACCIDENT

DUI accident statistics

According to the National Highway Traffic Safety Administration (NHTSA), 32 people die in alcohol-related crashes every day in the United States, which equates to one death every 45 minutes. In 2020, drunk drivers were responsible for 11,654 fatalities in traffic accidents, a 14% increase compared to the previous year.

From 2016 to 2017, there was a 5.8% increase in drunk-related fatal traffic accidents. Driving under the influence of alcohol poses a significant risk for all road users. Every year, drunk drivers needlessly use nearly 2 billion gallons of fuel.

In California, 949 people died from driving under the influence of alcohol in 2019. This is 2.4 per 100,000 people, while the national rate is 3.1 per 100,000. San Jose, in particular, reported 549 alcohol-related and 18 drug-related deaths and injuries in 2023, based on the latest Transportation Injury Mapping System (TIMS) data.