San Jose, CA – According to NBC Bay Area, 34-year-old Long Tham Pham of San Jose, a Community Service Officer (CSO) with the San Jose Police Department, was killed and another injured after being struck by a vehicle driven by 44-year-old Juan Huerta-Palacios on Saturday night, August 3, 2024.
The incident occurred around 9:56 PM in the area of Palm Avenue and Monterey Road in South San Jose. The two CSOs were conducting traffic control at the scene of a prior accident when the vehicle struck them.
Pham was on duty with a colleague when a 2022 silver Dodge Charger, driven by Huerta-Palacios, collided with them. Huerta-Palacios is suspected to have been under the influence of alcohol at the time.
The officers were standing on the opposite side of their patrol vehicle when the Dodge Charger, traveling southbound on Monterey Road, hit the unoccupied patrol car before striking the officers. Pham succumbed to his injuries at the scene, while his colleague sustained major injuries and was transported to the hospital.
Huerta-Palacios, who has prior DUI arrests in California, was taken to the hospital for an unrelated medical issue before being booked into Santa Clara County Jail on charges of gross vehicular manslaughter and felony DUI.
Acting Police Chief Paul Joseph noted that Huerta-Palacios’ prior DUI history underscores the dangers of repeat offenses. San Jose Mayor Matt Mahan condemned the incident, calling it a “selfish, reckless act” and promising that it will not go unpunished.
California DUI Law
Section 23153(a) of the California Vehicle Code (CVC) states that it is illegal for any driver to “Operate a vehicle under the influence of alcohol or drugs and, as a result, cause bodily injury to someone else.”
Wrongful Death Claims
Whether or not a collision results in criminal charges for any of those involved, families who have lost a loved one in a fatal collision may be able to file a Wrongful Death claim with the insurance provider of the at-fault driver.
The compensation provided by a Wrongful Death claim can relieve the financial burdens created by medical expenses, burial costs, and the loss of income needed to support the deceased’s dependents.
Insurance companies will work to reduce any claim they cannot deny. This is where the help of a knowledgeable personal injury attorney proves invaluable, negotiating on behalf of victims and their families to ensure they receive proper compensation.
