[08-10-2024] Santa Clara County, CA – 18-Year-Old Woman Killed Following Suspected DUI Crash in South San Jose

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

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

The victim, later identified as 18-year-old Emily H., was returning home from a late shift at California’s Great America in Santa Clara when the incident happened. About five minutes away from home, she was rear-ended by another vehicle. She then reportedly pulled over to exchange information with the driver.

While speaking with the driver who rear-ended her, a second driver, identified as a 43-year-old woman from Morgan Hill, struck and killed Emily H.

CHP reported that the 43-year-old driver was arrested on suspicion of driving under the influence, causing injury. She sustained minor injuries in the crash. It is not immediately known if the other driver who first rear-ended the victim was injured as well.

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

The southbound lanes of Highway 101 were partially closed for several hours following the crash and reopened just before 3:00 a.m. Sunday.

Anyone with information related to the case is urged to contact the CHP San Jose area office at (408) 961-0900.

Seek Help From Our Award-Winning DUI Accident Victim Lawyers In San Jose, CA

Feelings such as fear, wrath, or suspicion following a DUI accident are normal. The negligent party is responsible for paying the damages sustained by the victim, including medical bills, missed wages, and other financial expenses. Getting compensated for a DUI accident can be a challenge, but our San Jose injury law firm can help.

Get legal advice from our experts in DUI accidents, under the direction of Arash Khorsandi, Esq., who can help you assess your case. Additionally, they can assist you if obtaining further information or a police report proves challenging.

Our award-winning San Jose DUI accident victim lawyers will do everything possible to advocate for your claim and safeguard your rights. Being one of California’s largest law firms specializing in personal injury cases, Arash Law has successfully obtained over $750 Million in compensation for clients.

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

Ways To Protect Yourself After Being A Victim of A San Jose DUI Accident

Insurance providers support the majority of claims related to accidents caused by drunk driving. One of the critical things you should be aware of is that the insurance provider isn’t always impartial. Please keep in mind that their top priority is to safeguard their financial interests; they are focused on their earnings and not on providing complete and equitable compensation to you and your family.

Insurance firms invest significant money in training personnel to defend company interests. Following a major DUI collision, you can receive a phone call or inquiry from the insurance company of the driver at fault. Exercise caution while considering this kind of request. Regardless of their pleasant manner, an insurance adjuster is not on your side. They are not concerned about your best interests, and you cannot depend on them for guidance.

Our San Jose DUI accident victim attorneys have gathered the top seven suggestions for handling the insurance company following an injury in a drunk-driving crash.

1. Check Yourself For Any Injuries And Then Contact The Authorities. Make it a priority to get prompt medical care and contact the appropriate authorities to handle any injuries you may have suffered.
2. Gather Information. Capture images of your injuries and any indications of negligence, and create thorough records of the incident. Make sure to get information from any witnesses who were there during the accident.
3. Never Admit Or Accept The Blame. In DUI incidents, insurance companies frequently assign some blame to the injured victim. If they can do that, it will enable them to decrease their liability. This implies that funds are being deducted directly from their finances. Never acknowledge or take responsibility for any of the mistakes in a DUI accident. An intoxicated driver should be responsible for their wrongdoing. Furthermore, victims are advised against openly discussing the issue of fault with an insurance adjuster. This is one of the common mistakes people tend to make following any vehicular accident.
4. Avoid Making A Statement. You are not required to provide a documented statement to the insurance company right away following an accident. However, you may receive numerous phone calls from an insurance adjuster requesting a statement. The reason for this is straightforward: they want to gather information that might be used against you during the claims procedure. Remain silent. Your words might be manipulated or misunderstood. Communication between you and the insurance company will be arranged via your attorney.
5. Avoid Early Settlement Negotiations. Regarding DUI accident lawsuits, insurers frequently find it challenging to dodge liability completely. Therefore, they change their strategies. When responsibility is evident, insurance companies restrict the amount of compensation given to an injured person. One typical strategy is to propose a fast, underestimated payment to the victim of the DUI accident. Don’t accept a settlement that is less than what you deserve. Allow your DUI accident victim attorney to handle negotiations for a settlement.
6. Do Not Sign Any Documents Without An Attorney By Your Side. It is advisable to seek legal advice before signing any documents from an insurance company. Frequently, insurance companies will request that wounded individuals sign a complete release of their medical records. Ignore their assertion that a paper is ‘standard procedure.’ They are seeking information to utilize to decrease your compensation. You might not have to provide them with complete access to your records. Your attorney will ensure that your rights are protected.
7. Work With Experienced DUI Accident Victim Lawyers. There is no need to confront a large insurance company by yourself. A significant amount is at stake in most DUI accident injury claims. Insurance businesses will allocate money to discover methods to decrease your settlement. To promptly protect your rights, it is advisable to cooperate only with the insurance company after engaging with skilled DUI accident victim lawyers in California. You are entitled to legal representation. Utilize it.

I HAD AN ACCIDENT

DUI Accidents Statistics

According to the National Highway Traffic Safety Administration (NHTSA), drunk driving accidents in the US result in the deaths of 32 individuals every day, which is equivalent to one death every 45 minutes. In 2020, intoxicated drivers were responsible for 11,654 fatalities in traffic accidents, marking a 14% rise compared to the previous year.

From 2016 to 2017, there was a 5.8% increase in fatal road accidents connected to intoxication. Driving under the influence of alcohol puts everyone on the road at significant risk. Each year, intoxicated drivers consume almost 2 billion gallons of fuel unnecessarily.

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