A 26-year-old man riding a skateboard was severely injured in an Orange County car accident when a suspected drunk driver struck him on a Laguna Niguel roadway. According to a news report in The Orange County Register, the collision occurred the morning of March 28, 2010 when the man was skateboarding on Moulton Parkway near Aliso Creek Road, in Laguna Niguel. He was hit by a 2003 Suzuki driven by 22-year-old Andrew Colleta. The skateboarder sustained a broken leg, cuts and scratches. Police arrested Colleta on felony DUI charges. Colleta apparently had received tickets in recent years for reckless driving and speeding.

I hope and pray that the victim in this case did not sustain any catastrophic injuries. I wish the injured victim a quick and full recovery. He will be in my prayers.

DUI Collisions

There was one fatality and 14 injuries involving DUI collisions in Laguna Niguel, according to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS). Countywide, 62 deaths and 1,492 injuries were reported as a result of alcohol-related crashes in 2008.

Drunk Driving Law

Driving under the influence is a serious crime under California law. It is illegal to drive with a blood alcohol content (BAC) of 0.08 percent or higher. According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

Liability Issues

It is not clear based on this report whether the skateboarder was riding on the side of the street or across the roadway. If Colleta is determined to have been at fault, he can be held not only criminally responsible, but also civilly liable for the injuries caused to the victim. If a dangerous or defective roadway condition caused or contributed to this collision, the city or governmental agency responsible for maintaining that roadway could also be held liable. Any claim against a California governmental entity must be filed within properly within six months of the accident or injury. An experienced Orange County personal injury lawyer will be able to advise victims in such cases about their legal rights and options.

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.