Monterey, CA – A series of crashes on Highway 1 early Friday morning, September 20, 2024, resulted in the death of a young driver and sent 44-year-old Marina woman Janeth Balianmachain and one other to the hospital, according to KSBW.
Jimmy Cruz, 24, of Salinas, was driving southbound on Highway 1 north of Moss Landing when, for reasons still under investigation, he veered into oncoming traffic around 4:20 AM. Cruz’s vehicle collided head-on with a black Honda driven by Balianmachain. The impact left both drivers with serious injuries.
In the moments following the initial crash, Cruz exited his vehicle and began walking in the northbound lane. As he attempted to cross the highway, he was struck by a white Acura traveling in the opposite direction. Cruz sustained major injuries and was rushed to a local hospital.
The California Highway Patrol (CHP) initially arrested Cruz for driving under the influence (DUI) before releasing him for medical treatment. Despite efforts to save him, Cruz later succumbed to his injuries at the hospital. Balianmachain and the driver of the Acura were also transported to nearby hospitals, though their conditions have not been publicly disclosed.
Wrongful Death Claims
Determining fault in a collision can involve many factors. One key way a personal injury attorney can help families after the loss of a loved one in a traffic accident is by establishing legal responsibility.
If someone else is found partly responsible for the death, the family may be able to file a Wrongful Death claim against the at-fault driver’s insurance. This can provide compensation to help cover medical bills, funeral expenses, and the loss of income or support for the family.
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.”
Partial Liability in Pedestrian Accidents
California Law does not consider pedestrians to have the right-of-way under all circumstances, such as if they attempt to cross outside of a crosswalk. However, motorists are never relieved of the expectation to provide pedestrians with a Duty of Care toward their safety.
It may therefore be determined that a motorist is held only partially liable in a pedestrian accident. If that is the case, they would be financially responsible for the victim’s recovery costs in proportion to their degree of liability.
