Northern California Accident Attorney Blog

A 4-year-old Gilroy boy very tragically died Sunday night after a drunk driver going home from a heavy metal concert struck his family's pickup truck on Highway 101, Mercury News reported. The fatal crash occurred on southbound Highway 101 near Bailey Avenue at about 6 p.m. According to news reports, a family of four pulled over on the shoulder of Highway 101 after their truck broke down. The mother and a 12-year-old girl exited the vehicle safely and were not hurt. However, as the father was unbuckling his 4-year-old son from the back of the family's pickup truck, the truck was rear-ended by a Ford F-150 pickup truck going between 65 and 70 mph.

The impact caused a toolbox in the back of the Chevy to go flying right into the young boy's head. He was barely breathing when emergency responders arrived at the scene. A LifeFlight helicopter flew him to San Jose Regional Medical Center where he died of his injuries. The Santa Clara County Coroner's office identified the boy as Jose Cortes-Diaz of Gilroy. Cortes-Diaz's father suffered a fractured rib and a broken jaw.

According to the CHP, the driver of the Ford F-150, James "Jimmy" Francis Lee told officers that he fell asleep. After being treated for minor injuries, Lee was booked into Santa Clara County Jail on charges of felony DUI and vehicular manslaughter while intoxicated.

Cause of the Highway 101 Crash

Although the cause of the July 11th crash is still under investigation, if news reports are accurate, this accident was caused by the drunk driver, James F. Lee. Our condolences go out to the family of Jose Cortes-Diaz, who was the innocent victim of a completely preventable tragedy. It is especially heartbreaking that the entire family witnessed the horrific accident firsthand, and it will forever be a part of their lives. Please keep this entire family in your prayers during this surely very difficult time.

DUI Accidents and Wrongful Death Liability

No parent should ever have to witness their child die before their eyes. When a loved one is lost due to the negligent actions of another (in this case, drinking and driving), families may seek justice for their unexpected and devastating loss in a wrongful death claim. Civil damages awarded may include compensation for funeral and burial expenses, anticipated future lifetime earnings of the victim, and loss of love, care and companionship. Although no money could ever undo the pain of an accident or bring back an innocent life lost, a wrongful death action can hold the driver accountable for his actions and help the family recover compensation for their financial loss. In certain cases involving drunk drivers in California, additional punitive damages may be awarded, which may be substantial.