Fullerton, CA (June 12, 2024) – On Wednesday night, 28-year-old motorcyclist Alexander Marce was fatally struck by a BMW driven by Francisco Garcia-Vargas at the intersection of Orangethorpe Avenue and Gilbert Street.
Accident Details: Garcia-Vargas’s speeding BMW collided with Marce’s stationary Harley-Davidson at a red light. The impact ejected Marce from his motorcycle, resulting in his immediate death. Despite the motorcycle being trapped underneath his car, Garcia-Vargas attempted to flee the scene. He stopped, and witnesses rushed to intervene, pulling Garcia-Vargas from his vehicle and detaining him until police arrived.
Investigation: Prosecutors revealed that Garcia-Vargas was driving over 100 mph and ran a red light while heavily intoxicated. Garcia-Vargas now faces several serious charges, including gross vehicular manslaughter while intoxicated, driving under the influence causing injury, and driving with a blood alcohol content of .08% or higher.
Legal Considerations: As a personal injury attorney, I find many factors in this case warrant examination. In wrongful death cases, the family of the deceased must prove that the defendant’s negligence directly caused the death. They must prove the defendant’s failure to take reasonable care was the cause of the accident. Intoxication and reckless driving behavior can provide evidence of negligence. If successful in their claim, the family may be entitled to various damages, including economic damages (e.g., lost wages and funeral expenses) and non-economic damages (e.g., loss of companionship and emotional distress).
My sincerest thoughts are with the family and friends of Alexander Marce during this terrible time.
Source: KTLA5