Legal Question in Criminal Law in California

gross negligence

A 17 year old minor caused a single car crash when the person lost control of the vehicle and resulted in the death of the passenger. This minor was told by DMV that due to some medical issues pertaining to the heart that driving privaledges would not be granted until further investigation. Would this be considered ''gross negligence'' due to the fact that the driver had no permit, driver's license, and driving privaledges were being looked at by the DMV?


Asked on 9/28/08, 12:48 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: gross negligence

California law does not usually recognize a distinction between ordinary negligence and so-called "gross negligence." If someone knew they had a medical condition rendering them unsafe to drive and they drove and caused an accident. this could possibly be a basis for punitive damages, but 17 year olds usually don't have any money or assets worth suing over, except possibly for auto insurance which doesn't cover punitive damages.

Obviously, the next of kin of the deceased passenger need to retain an attorney.

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Answered on 9/28/08, 1:08 pm
Allen Farshi Law Offices of Allen Farshi

Re: gross negligence

This matter has the potential to seriously get out of hand. Assuming there was a history for the seventeen year old's heart problem, and the matter was known, and the heart problem was of the kind that driving posed a risk of serious injury to others, the passengers death can be charged as manslaughter in a criminal case. Not having the license is needless to say, not helpful. If Geographicly practicle, I will be happy to consult with you in person on the matter.

LAW OFFICE OF ALLEN FARSHI

Allen Farshi, Esq.

818.379.1777

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Answered on 10/04/08, 7:10 pm


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