Joel Salomon Sanchez Perez Killed in Delano DUI Accident
Jaymar Alejo charged with gross vehicular manslaughter after fatal wrong-way collision
Joel Salomon Sanchez Perez, 55, of Vallejo, died Saturday night in a wrong-way crash on Highway 99 in Delano, California, the Highway Patrol said. A 2022 Tesla X, driven by Jaymar Alejo, 28, of Shafter, was driving north in the southbound lanes of Highway 99 when it hit a 2008 Nissan Frontier, according to the CHP.
The crash happened at 9:17 p.m. Perez was a passenger in the Nissan. He was pronounced dead at the scene.
Alejo faces four felony charges, including gross vehicular manslaughter while intoxicated and two counts of DUI causing injury. He also faces a charge of driving the wrong way on a divided highway. Alejo is scheduled to appear in court on May 6.
The 49-year-old woman driving the Nissan and another passenger suffered major injuries, authorities said. Four people in a Dodge Charger that was behind the Nissan suffered minor injuries.
The crash that killed Perez on Highway 99 is under investigation. National Legal Analyst Candice Bond, Managing Partner at Bond Legal"In addition to the diligent work of law enforcement, an attorney can re-interview important witnesses, analyze any surveillance video from a crash scene, and obtain phone and texting records of the liable party. Time is of the essence in cases such as this, and the victim’s family must ensure that evidence is reviewed efficiently."
Investigators are working to determine why the driver of the Tesla was heading northbound in the southbound lanes of Highway 99. This will include reviewing forensic evidence from the crash scene, analyzing vehicle data recorders, and assessing any available surveillance footage. Toxicology reports are also expected to confirm the level of impairment of the Tesla driver.
Perez's death is one of many caused by impaired driving. While specific California data is still being compiled, national statistics from the National Highway Traffic Safety Administration (NHTSA) show that 13,524 people died in crashes involving alcohol-impaired drivers in 2022. This figure represents 32% of all traffic deaths and a 33% increase from 2019 to 2022. Stefano Formica, Of Counsel at Bond Legal, observed that "I've seen families destroyed by a drunk driver who didn't even realize they were going the wrong way. Alcohol-impaired deaths have risen thirty-three percent recently, showing that we're far from solving this crisis." The charges against the Tesla driver, including gross vehicular manslaughter while intoxicated, reflect the legal response to such incidents.
California wrongful death statute
In California, certain surviving family members may pursue a wrongful death claim following a fatal accident. California Code of Civil Procedure section 377.60 outlines who can file such a claim, typically including the decedent's spouse, children, and sometimes parents or other dependents. These actions aim to compensate families for losses incurred due to the death of a loved one caused by another party's negligence or wrongful act.
Damages that may be sought in a wrongful death claim can include financial support the deceased would have provided, loss of companionship, funeral and burial expenses, and the value of household services. Additionally, a separate survival action may be pursued to recover damages for the deceased's pain, suffering, or other losses experienced between the time of injury and death.
Comparative fault in California
California operates under a "pure comparative fault" system. This legal framework allows for the recovery of damages even if the deceased or another party involved in the crash was partially at fault. Under this system, the amount of damages awarded is reduced proportionally to the percentage of fault attributed to the claimant or the deceased. For instance, if a court determines the deceased was 10% at fault, the damages awarded would be reduced by 10%.
Statute of limitations under California law
A wrongful death claim in California must be filed within a specific timeframe, known as the statute of limitations. Generally, this period is two years from the date of the individual's death. Failing to file a lawsuit within this two-year window typically results in the forfeiture of the right to pursue legal action. Bond noted that understanding insurance policy limits is an important aspect of navigating the legal process in these cases.