Giao Pham San Diego: Lyft Passenger Giao Pham From San Francisco Died In DUI Car Accident On State Route 163 In Balboa Park
SAN DIEGO, CALIFORNIA (March 31, 2019) – A passenger in a Lyft car identified as Giao Pham has tragically died in a car accident involving a drunk driver on State Route 163 In Balboa Park.
California highway patrol are saying that the accident took place 2:30 a.m. not far from Laurel Street. A 21-year-old driver in a Lexus rear-ended the Lyft that Giao Pham was riding in.
Another 33-year-old passenger in the Lyft car had to be hospitalized with a traumatic brain injury. Police arrested the driver of the Lexus and charged her with gross vehicular manslaughter.
Police are saying that she had a blood alcohol concentration of 0.19, which is more than twice the legal limit. She is currently being held on a $1,000,000 bail.
A Go Fund Me site has been set up for the family of Giao Pham. According to the Go Fund Me page, “Giao was on vacation in San Diego with friends. After a night out, he and one friend got into a Lyft for the 5 minute ride back to their hotel. While on the freeway, a young and drunk female driver plowed into them sending both vehicles into the embankment.”
Liability In DUI Car Accidents
According to Mothers Against Drunk Driving, “Adults drank too much and drove about 121 million times per year – over 300,000 incidents of drinking and driving a day.” Unfortunately, people often drink and rive dozens of times before they end up getting caught or causing an accident. Drivers that choose to drink and drive may face civil as well as criminal liability.
It is a felony to operate a motor vehicle and cause an injury or death while under the influence of alcohol. According to California Vehicle Code 23152, “(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”
If a victim was a passenger in a ride-share vehicle such as an Uber or Lyft, those companies may face liability for the accident. Whether Uber or Lyft will be responsible for an accident will depend on a number of factors. These may include:
- Whether or not the App was turned on. Ride-share companies generally won’t be liable for accidents when their drivers don’t have their Apps on.
- If a driver’s App is turned on and they are waiting for a request, Uber or Lyft could face liability.
- Finally, Uber or Lyft may face liability for an accident when a driver is actively transporting a passenger.
The family of a victim that dies in a ride-share accident may be able to seek justice under California’s Code of Civil Procedure 377.60. Damages in a wrongful death claim can include compensation for lost wages, funeral expenses and loss of love. Unfortunately, Uber and Lyft will often work hard to try to deny any responsibility for an accident. A Lyft accident attorney can examine your case free of cost and take steps to make sure that your rights are being protected.
Investigating A Lyft Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Giao Pham as they are going through such a difficult time. We encourage everyone to donate to the Go Fund Me page that has been set up for the family. Lyft just had their IPO recently. As they look to grow their company, they also need to make sure that they are taking every step possible to protect passengers and drivers as well.
If you or someone that you love has been injured or killed in an accident with a drunk driver there are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any legal questions that you have. We’ve successfully resolved thousands of claims and can take steps to make sure that your rights are being protected. Whether you just have questions about your rights or need more information about an accident we are here for you. You can reach out to us anytime at (888) 888-9285.