San Jose, CA (August 3, 2024) – In a heartbreaking incident, San Jose’s police department mourns the loss of Community Service Officer Long Pham, who was tragically struck and killed by a suspected drunk driver.
Accident Details: The accident occurred on Monterey Road during a traffic diversion on Saturday night. Officer Pham was at the scene performing his duties when a vehicle driven by Juan Huerta-Palacios, 44, of Morgan Hill, struck him. Despite immediate medical efforts, Pham was pronounced dead at the hospital. Another officer, who sustained injuries in the collision, is expected to recover. Huerta-Palacios faces multiple charges, including DUI and vehicular manslaughter.
Legal Considerations: As a personal injury attorney, I find that several key aspects are examined to determine liability and accountability. Drunk driving is considered grossly negligent. This level of negligence occurs when a driver disregards the safety of others to the extent that their behavior becomes a direct cause of harm. In Pham’s case, Huerta-Palacios’s alleged impairment and disregard for road safety seem to establish a basis for negligence. Huerta-Palacios also has a prior DUI conviction.
For Officer Pham’s family, pursuing a wrongful death claim could provide a pathway to seek justice and compensation for their loss. A wrongful death lawsuit can be filed when someone’s negligent or wrongful act leads to another person’s death. In this instance, the alleged drunk driving by Huerta-Palacios would be the basis of the claim. The family would need to demonstrate that Huerta-Palacios’s actions directly caused Pham’s death. The injured officer may be able to file a personal injury claim.
My sincerest condolences are with the family and friends of Long Pham during this difficult time. I wish the injured officer a fast recovery.
Fuente: CBS News