Vivian Bertolino Fatally Injured in Napa DUI Accident
Three women killed, six injured in collision along Silverado Trail
Vivian Bertolino, 65, of Napa, died Saturday in a head-on crash on Silverado Trail in Napa County, police said. Two other women also died in the wreck.
The crash happened at approximately 11:57 a.m. when a Mitsubishi sedan, driven by William Dene Brumley, 68, of Napa, sideswiped a BMW SUV traveling north, according to the Napa County District Attorney. The Mitsubishi then lost control and crashed head-on into a Toyota sedan.
Bertolino was a passenger in the Toyota. Linda Wolters, 62, of Napa, and Katrina Clarke, 65, of Sacramento, also died in the crash, authorities said.
One passenger in the Mitsubishi died at the scene. Another passenger from the Mitsubishi died later at a hospital. Four people in the Toyota were taken to a hospital with life-threatening injuries.
Six other people, including Brumley, were hurt in the wreck and taken to a hospital.
Brumley was arrested at the hospital and charged with felony DUI and gross vehicular manslaughter, police said.
The Silverado Trail was closed for six hours while authorities investigated the scene. The Napa County District Attorney's Office is investigating the crash. Toxicology results are pending.
The head-on crash on Silverado Trail that killed three women highlights the serious legal consequences that follow DUI incidents. Brumley faces charges including felony DUI and gross vehicular manslaughter, a reflection of the legal system's response to fatal crashes involving intoxication. the crash, where Brumley’s Mitsubishi sedan first sideswiped a BMW SUV before colliding head-on with a Toyota sedan, speaks to the immediate and devastating effects such crashes can have.
“Separate from criminal charges, a victim's family may be entitled to compensation through a civil lawsuit against the responsible party. In addition to the diligent work of law enforcement, an attorney can re-interview important witnesses, analyze any surveillance video from the scene of the crash, and obtain phone and text records of the liable party. Serving as an advocate, an attorney can help compassionately guide a family during this difficult time, protecting their legal rights while ensuring that a drunk driver is held accountable for their reckless actions.” said Candice Bond, Managing Partner at Bond Legal. While this crash did not involve a delivery van, Bond's statement points to how important specific data points are in crashes. This often includes toxicology results, which are pending in Brumley's case and will be key evidence outlining his impairment.
The Napa County District Attorney’s Office is handling the ongoing investigation. “What scares me about large commercial rigs is how one small mistake can lead to a large loss of life. If cargo isn't secured right, a waterfall event happens where the shifting weight flips the entire trailer over,” said Bond. Her comments, though related to commercial vehicles, underline how even small errors, such as driving under the influence on Silverado Trail, can quickly lead to a high number of deaths and injuries.
What is Gross Vehicular Manslaughter?
Gross vehicular manslaughter is a charge brought when a driver, acting with gross negligence while driving, causes the death of another person. Gross negligence, in this context, means acting in a way that is a reckless disregard of consequences or a wanton indifference to human life. Brumley faces this charge after the crash on Silverado Trail killed Bertolino, Linda Wolters, and Katrina Clarke.
What happens when toxicology results are pending in a DUI case?
When toxicology results are pending, law enforcement and prosecutors await the laboratory analysis of blood or urine samples to confirm the presence and concentration of impairing substances. These results are important for proving impairment in DUI cases, especially in crashes like the one on Silverado Trail. The outcome of Brumley's case will likely depend heavily on these toxicology findings.
What is the typical legal process following a fatal DUI collision?
The legal process after a fatal DUI collision usually begins with an arrest, followed by formal charges based on evidence like witness statements, crash reconstruction, and toxicology results. A defendant like Brumley will then go through arraignment, preliminary hearings, and potentially a trial. Penalties for felony DUI and gross vehicular manslaughter can include long prison sentences, significant fines, and loss of driving privileges, reflecting the serious nature of crashes such as the one that killed three women in Napa County.
California wrongful death statute
Under Cal. Code Civ. Proc. § 377.60, surviving family members may file a wrongful death action. California applies pure comparative fault. The statute of limitations is 2 years from the date of death.
Recoverable damages may include loss of financial support, loss of companionship, funeral expenses, and the decedent's pre-death pain and suffering.