Vehicular Manslaughter in Santa Clarita

Posted on: November 26, 2008 at 11:15 a.m.

A massive Interstate 5 pileup in a tunnel near Santa Clarita is being declared a vehicular manslaughter crime by the California Highway Patrol. Now, authorities are arguing whether the driver of the big rig that caused the huge pile-up, or the trucking company that services the rigs, is to blame.

Vehicular manslaughter holds persons liable for any death which occurs because of criminal negligence, or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence (determined by excessive blood alcohol content levels set by individual states), although an independent infraction (such as driving with a suspended driver's license), or negligence, is usually also required.

CHP investigators determined that Jose Reyes, 29, was driving at least 65 mph along the rain-slicked freeway when his truck veered left and crashed into a concrete median wall after driving through the tunnel, according to the prosecutor's memo obtained by The Times. The posted speed limit for that stretch of road is 55 mph. Reyes' crash set off chain-reaction collisions behind him that killed a 6-year-old boy and two adults, and injured 10 others.

The truck's owner, Saia Motor Freight Line Inc., rather than Reyes, was responsible for the vehicle's maintenance, Los Angeles County Deputy Dist. Atty. Courtney Armendariz wrote in her memo. The prosecutor concluded that a defense expert could easily charge that a faulty brake caused the veering and crash. A team of CHP investigators is continuing to examine what caused the accident and its findings so far are preliminary.

Once Reyes crashed, his truck blocked southbound lanes about 1,400 to 1,700 feet beyond the tunnel. Several trucks were able to stop in time to avoid hitting him. But as traffic slowed, other trucks collided near the tunnel exit, leading to the fatal accidents about four to five minutes after Reyes' crash. Flames shot through the 550-foot tunnel, trapping motorists and melting vehicles as temperatures inside soared to about 1,500 degrees.

Vehicular manslaughter and vehicular homicide are violent crimes that are often tied to DUI charges. If the driver has had any alcohol when the accident occurs, authorities may use this as a way to charge the driver with vehicular manslaughter. DUI matters are complicated enough, and when a death or serious injury is involved, it becomes nightmarish.

Some of the DUI matters include the following:

- Drunk Driving
- Driving Under the Influence of Alcohol or Drugs
- Driving While Intoxicated
- Field Sobriety Tests
- Breath Testing
- Alcohol Evaluations
- Driver's License Suspension
- Underage Drinking and Driving
- Vehicular Assault
- Vehicular Homicide

The Los Angeles vehicular manslaughter attorneys at Kestenbaum, Eisner & Gorin, LLP are skilled in defending charges of vehicular manslaughter caused by DUI. This crime is charged as a felony and can carry a state prison sentence of up to 10 years, depending on the specific situation. If you have been charged with or arrested for vehicular manslaughter, our DUI attorneys can help. When you contact our offices for a consultation, you will talk to an attorney who can answer your questions and help you understand your options from this point forward. If we work with you on your case, our attorneys will fight to help ensure you do not go to prison.

Tagged as: jury trial defense, violent crimes defense

Comments:

Taylor Kim on December 12, 2008 at 1:06 a.m. wrote:

The first thing that stood out to me in this article was that Reyes was driving 65mph in a 55mph zone. Since being a driver is his occupation, he should be more than aware of the traffic laws. Although to most of us 65mph does not sound very fast or dangerous, but the law is the way it is for a reason and that should not be neglected. On top of that, Reyes was driving a big rig in poor weather conditions while on the job. Regardless of whether or not his brakes were faulty, I think he should definitely be held responsible for the immediate accidents he caused. However, I am not sure about the people who were injured by the chain reaction because how do we know that they weren't speeding or paying attention which caused them to crash as well. Also, since Reyes was on the job, would he solely be responsible or would it be his employer?

Shirin S on December 9, 2008 at 2:25 p.m. wrote:

In this case, its hard to place blame on one person. Yes, the driver may have been driving over the speed limit, however, was he going with the flow of traffic? If everyone else was going at the same speed, its not fair to blame him for all of the deaths. However, if he was speeding, he should have been able to control his vehicle. For the owner of the truck, I think he should be at fault as well if the vehicle had not been taken care of properly. However, how do we know if the owner was negligent to change the breaks, or if the driver was un-available, and vise versa. If this case had dealt with DUI, I think that the driver should have been responsible. Whenever one goes behind the wheel influenced, they are risking the lives of everyone on the road, including their own, and should be aware of their responsibility as a driver.

Kelly Donohue on December 7, 2008 at 8:31 p.m. wrote:

I have to agree with the previous comment and while reading about the Reyes case in Santa Clarita, I couldn't help but think the punishment was inappropriate. Again, if an individual is driving while drunk or using speed with the intent to harm someone, I feel that vehicular manslaughter is fitting. However, that is not what occurred in this case. Reyes was speeding ten miles over the limit, which is not exceedingly dangerous and was equipped with a vehicle that had faulty breaks. It is not his responsibility to ensure that the truck is in exceptional condition, it is the company's duty to routinely check their trucks for maintenance issues. I am sure that if Reyes had known that the breaks were not functioning he would not have risked his own safety by driving it. In addition, Reyes was certainly not speeding with the intention of harming anyone and driving five to ten miles over the speed limit is standard for most individuals on the road. Therefore, this is a case that was merely and accident. The event was unfortunate for all involved, but pinning Reyes with the sole responsibility for an unintentional accident, makes a bad situation even worse.

Whitney Hein-Unruh (Com Std 17 on December 2, 2008 at 4:22 p.m. wrote:

While I agree that DUI cases in which the person driving under the influence killed another person should be tried as felony vehicular manslaughter, I think that other cases of vehicular manslaughter are overzealous. In the case of Jose Reyes, there is no evidence that his accident was a result of anything more than speeding. At 10 mph over the speed limit, Reyes was not driving at a speed so far above the speed limit as to involve reckless endangerment. In my opinion, cases such as these should require the proof of intent to harm. In no way does it seem that Reyes had any intent to harm others. It does not even appear that he was overtly negligent. The law mandates that vehicular manslaughter may be charged in the presence of 'criminal negligence or a violation of traffic safety laws.' Criminal negligence is definitely grounds for being charged with vehicular manslaughter; however, a simple violation of traffic safety laws should not bring such a harsh penalty. Despite its dangers, everyone speeds at some point when driving. The thought that an accident while speeding could bring you a felony conviction and a jail sentence is a terrifying thought.

Tatiana Vardanyan on December 2, 2008 at 12:40 p.m. wrote:

Truck drivers need to take the necessary precautions prior to hitting the road. Whether or not this particular truck belonged to Reyes,' he is still liable for making sure that the vehicle in which he will be operating is safe and reliable. Operating these massive freight trucks needs to be done properly, especially when weather conditions are less optimal to the driver. Reyes had clearly neglected the traffic safety laws while driving 65mph on 55mph road while in less than optimal weather conditions. This scenary is almost worser than a drunk driver being on the road with a smaller vehicle. At least when the intoxicated driver crashes he won't have as big of an impact on other vehicles as the truck driver speeding and crashing. Regardless, Reyes was driving the vehicle and he needed to be cautious. This is clearly vehicular manslaughter and the company servicing the rig should not be at fault.

Nicole Forde on November 29, 2008 at 4:49 p.m. wrote:

I agree with the post above about there existing a huge incentive for truck drivers to push their hours of driving past the point of safety or legality. They are paid per hour of driving, not for the hours during which they are required to rest. Therefore, there is a huge motivation to be driving consistently until they reach their destination and can rest on their own terms. However, I do wonder if the possibility of alcohol impairment is investigated in every car accident. The causes of the accident seem pretty obvious up to this point. Faulty breaks could have caused an accident alone, but so could Reyes' reckless driving . People tend to drive like idiots during the first rain of the season, especially in LA. Without the influence of alcohol, I wonder if Reyes can still be convicted solely of vehicular manslaughter due to his reckless driving without the trucking company being at fault as well. The term 'faulty breaks' is so subjective but '65 in a 55' is not. That is concrete evidence of a traffic violation. Also, it probably won't help his case that one of the victims was a minor. Unless you can get an entire jury of truck drivers I would probably opt for a plea bargain here.

Brittany Schoof Comm 174 on November 28, 2008 at 8:52 p.m. wrote:

Apparently the vehicle was not properly maintained and had faulty breaks which could have attributed to the initial crash that started the pile up, a fact that the defense will no doubt play up. However, the fact remains that the driver IS in fault and his actions are responsible for the accident. If Reyes hadn't speeded on these slick roads, then the faulty breaks wouldn't have been an issue. This clearly was a violation of traffic safety laws which constitutes vehicular manslaughter. Truck drivers are always pushing the limit on safety, whether it be dangerously speeding (as in the case of Reyes) or pulling all nighters to get to their destination faster, sometimes even taking drugs to be able to stay awake on the road. Pressure from the truck companies is responsible for neglecting basic safety rules such as these, and therefore these companies should also have some accountability in accidents such as these. What is more, if drivers get in accidents due to poor maintenance, as is the case with Reyes, then the truck company definitely had a considerable amount of responsibility in the accident. Therefore, while both parties are obviously at fault here, it is up to the jury and the judge to determine how much so for each.

unknown on November 26, 2008 at 3:31 p.m. wrote:

This story is just one of the many we hear about drunk drivers causing horrible tragedies to themselves and to innocent people. I remember hearing about this story last year. Drinking and driving should not be taken lighten and should be treated as a serious crime. It does not have to come to the point of manslaughter for these people to spend some jail time. I think that getting caught under the influence of drugs and/or alcohol should have a stronger punishment than just one night in jail and license suspensions. Being under the influence means that we are endangering others lives alongside with ours and this should not be taken lightly. Its sad because the people that really get affected by tragedies involving DUIs are the victims and their families. The one who is charged with a DUI and manslaughter will serve his/her time and get out, but the victims family will suffer their loss forever.

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