Diamond Bar, CA (December 9, 2024) 36-year-old Andres Mercado was tragically killed when he was involved in a DUI crash as a passenger on Friday, December 6.
The crash occurred on the eastbound Pomona (60) Freeway west of Phillips Ranch Road around 10:30 p.m. CHP reported that Mercado was a passenger in a Mercedes-Benz SUV. The driver, identified as Gudalupe Mercado, was operating the vehicle in a reckless manner, and he veered onto the right shoulder, striking the left rear of a parked big rig.
The impact caused the SUV to spin into the freeway lanes, where it collided with another big rig.
Paramedics pronounced Andres Mercado deceased at the scene. Guadalupe Mercado sustained major injuries, and he was hospitalized. Police arrested him for vehicular manslaughter and felony driving under the influence. The relationship between the two occupants of the SUV is unclear at this time.
We at Accident News Now extend our deepest condolences to the family of the victim. We know this is an awfully difficult time as you mourn the tragic and sudden loss of a loved one. If you have any concerns about navigating the legal process surrounding this crash, please don’t hesitate to reach out to us anytime. We are here day and night, ready to ease the burden of this overwhelming and terrible event.
Have you or a loved one been impacted by this event? Our team specializes in car accidents and we are here to help. You can reach us 24/7 at (866) 945-4286 or visit our online contact form at Accident News Now.
Liability in a Diamond Bar Car Accident
California Vehicle Code 23152 states clearly that “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” The limit is a blood-alcohol-content of 0.08%–more than that, and a motorist is determined to be under the influence.
California Vehicle Code 23153 further specifies the consequences of driving under the influence of alcohol and causing bodily injury to another person. This code states.
The consequences of violating these laws are outlined in California Vehicle Code 23536, which states:
(a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).
(b) The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.
(c) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.
Driving under the influence is never worth the risk. If you’ve had a drink or used a substance, call a designated driver to take you home.
