In a tragic incident in East Oakland, a teacher and academic coach at Castlemont High School, Marvin Boomer Jr., lost his life after being struck by a car fleeing from a California Highway Patrol (CHP) chase. According to reports, 18-year-old Eric Scott Hernandez-Garcia, driving a suspected stolen vehicle, lost control and struck Boomer and his girlfriend on Wednesday evening near the intersection of East 21st Street and 12th Avenue.
In a selfless act of heroism, Boomer pushed his girlfriend out of the path of the oncoming car just moments before being struck himself. While his girlfriend sustained severe physical injuries and deep psychological trauma, the family believes that Boomer’s actions spared her from also being killed. Hernandez-Garcia has been arrested and charged with several felonies, including vehicular manslaughter, evading police, and hit-and-run.
This heartbreaking incident underscores the devastating consequences that can result from reckless driving and police pursuits. While the criminal case against Hernandez-Garcia proceeds, it is important to consider the personal injury aspects of this tragedy, particularly the rights of the injured survivor and the potential for a wrongful death claim.
Police Chases and Third-Party Liability
Police pursuits are inherently dangerous and can pose a significant risk to the public. While law enforcement officers have a duty to apprehend suspected criminals, they also have a responsibility to conduct pursuits in a safe and responsible manner. When a police chase leads to an accident and injuries, the question of liability becomes complex.
In cases where a fleeing suspect causes an accident, the suspect is typically the primary party responsible for the damages. However, depending on the circumstances, other parties may also share liability, including:
- The Fleeing Suspect: The driver who was fleeing from law enforcement is liable for their negligent actions, such as reckless driving, speeding, and disregarding traffic laws.
- Law Enforcement Agencies: In certain situations, the law enforcement agency conducting the pursuit may also be held liable if their actions were negligent or violated established policies and procedures.
To determine whether a law enforcement agency shares liability in a police chase accident, several factors are typically considered, including:
- The Reason for the Pursuit: Was the initial crime serious enough to justify initiating a high-speed pursuit?
- The Speed and Manner of the Pursuit: Did the officers drive recklessly or disregard safety protocols during the pursuit?
- The Road and Traffic Conditions: Did the officers take into account the road conditions, traffic density, and other environmental factors?
- Departmental Policies: Did the officers follow the department’s policies and procedures regarding police pursuits?
If it is determined that the law enforcement agency acted negligently in initiating or conducting the pursuit, they may be held liable for the resulting damages. However, these cases can be complex and require a careful analysis of the facts and applicable laws.
Wrongful Death Claims in California
In this tragic situation, Marvin Boomer Jr.’s family may have the right to pursue a wrongful death claim against the responsible parties. A wrongful death claim is a civil action brought by the survivors of a deceased person who was killed due to the negligence or wrongful act of another party.
Under California law, certain family members are eligible to bring a wrongful death claim, including:
- The deceased person’s spouse
- The deceased person’s children
- The deceased person’s parents
- Other individuals who were financially dependent on the deceased
Damages that may be recovered in a wrongful death claim can include:
- Funeral and burial expenses
- Lost income and future earnings
- Loss of companionship and support
- Pain and suffering experienced by the survivors
In this case, Boomer’s family may be able to pursue a wrongful death claim against Hernandez-Garcia for his negligent actions in causing the accident. Depending on the circumstances of the police pursuit, they may also have a claim against the CHP or other relevant law enforcement agencies.
The Injured Survivor’s Rights
In addition to the wrongful death claim, Boomer’s girlfriend, who sustained severe physical injuries and psychological trauma, has the right to pursue her own personal injury claim against the responsible parties. A personal injury claim seeks compensation for the damages sustained by the injured person, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
The injured survivor may be able to recover compensation from Hernandez-Garcia’s insurance policy, as well as any other applicable insurance policies. If the law enforcement agency is found to be negligent, she may also be able to pursue a claim against the agency.
The Importance of Seeking Legal Guidance
Navigating the legal process after a tragic accident involving a police chase can be overwhelming. It is essential for the injured survivor and the family of the deceased to seek legal guidance from a seasoned personal injury attorney who can:
- Conduct a thorough investigation of the accident
- Gather evidence to support the claims
- Identify all potentially liable parties
- Negotiate with insurance companies
- File a lawsuit, if necessary
- Represent the client in court
A skilled attorney can help the injured parties understand their rights and options and can advocate on their behalf to pursue the full compensation they deserve.
Commentary from Gosuits Oakland, California Personal Injury Attorney
The death of Marvin Boomer Jr. is a devastating loss for his family, friends, and the Oakland community. His heroic actions saved his girlfriend’s life, but tragically cost him his own. This case highlights the dangers of reckless driving and police pursuits, as well as the importance of understanding your legal rights if you have been injured or lost a loved one in an accident. At Gosuits, we are committed to helping those affected by personal injury tragedies seek justice and compensation for their losses. If you or someone you know has been injured in a car accident or other incident involving negligence, please reach out for a consultation to discuss your legal options.
