Alameda Car Crash Involves Drunk Driving in the Tube

posey tube.jpgIn the early morning hours of October 5, 2010, an intoxicated driver caused a car accident in the Alameda Webster Tube resulting in serious injuries to an innocent driver.  Alameda police reported that two officers had pulled a driver over for speeding as it entered Alameda from the Webster Tube.  After being stopped, the driver then took off, cut across a dirt lot and then headed back into the tube against the flow of traffic.  He then ran head on into a Toyota Corolla causing serious injuries to that driver.  That driver is in critical condition at Oakland’s Highland Hospital.  After striking the Toyota, the drunk driver’s car then struck a third car, causing injuries to the two occupants of that car.

Several legal questions arise from this Alameda personal injury auto accident.  There will be questions about both legal damages and the apportionment of those damages since three individuals were injured in the accident.

The injured parties will be entitled to compensatory damages for both economic and non-economic losses.  Economic losses include such damages as medical expenses, future medical expenses, loss of earnings, loss of earning capacity, and other financial losses.  Non-economic losses would include damages for things such as pain, suffering, interference with enjoyment of life, and other non-tangible losses.  The problem in a case like this however, is that there may not be enough insurance to adequate compensate all three of the victims.  California law only requires that a driver carry minimum liability limits of $15,000.00/$30,000.  If the drunk driver has a minimum policy, the parties will have to apportion the proceeds in the most equitable manner which could produce an unfair result.

As an Alameda personal injury lawyer, I often see how California’s low liability requirements create underinsured problems for victims of car accidents such as this one. In order to protect yourself against a low limits driver, or to protect yourself in the case of an accident with multiple parties, you can contact your insurance agent to request sufficient underinsured motorist coverage to adequately cover you.


Oakland Tribune, Police Arrest Two After Collision in Webster Tube, October 5, 2010

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