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Judge orders minimum sentence in fatal bicycle accident.
A Ventura woman was sentenced to 270 days in jail for her role in a March bicycle accident that left a Santa Barbara man dead.
According to the California Highway Patrol, 40-year-old Jose Luis Carmona was walking his mountain bike near Faria Beach Road when he was struck by a car. The driver of the car, Shannon Richard, reportedly left the scene of the accident. CHP officers later found her car parked in her driveway with significant damage, including a broken windshield.
Richard claimed that she had just a left party and that she had been distracted by her baby, who was also in the car. She did admit to drinking at the party but her attorney claimed that her blood alcohol content was within the legal limit.
Police arrested her on suspicion of drunk driving but the charge was later changed to leaving the scene of an accident. Richard faced a maximum of four years for her role in the incident. On Monday, a Ventura County Superior Court judge sentenced her to 270 days in county jail and three years probation. The judge also stayed an order for $8,000 in restitution until a civil case pending against Ms. Richard is resolved.
It's believed that the judge opted for a more lenient sentence after evidence indicated that the victim may have also acted negligently in causing the accident. According to the autopsy report, Mr. Carmona's blood alcohol limit was .20 percent, substantially higher than the .08 limit established by California law. Defense attorneys also pointed out that Mr. Carmona was in a poorly lit area wearing dark clothes and that his bicycle did not have proper lighting.
The victim's family has not released any official statement regarding Ms. Richard's sentence.
When a serious bicycle accident occurs, it's important for the victims and their families to protect their legal rights. If you or a loved one was hurt as a result of someone else's negligence, you may be able to seek civil damages for your medical bills, lost wages and pain and suffering.
The bicycle accident lawyers at Nadrich & Cohen LLP specialize in assisting bicycle accident victims in the Ventura area and throughout California in getting the maximum amount of compensation they deserve for their injuries. Call us today at 1-800-718-4658 to schedule your free initial case evaluation. We are a contingency firm, meaning there is never a fee unless we recover a judgment on your behalf. Call now to get the experienced legal representation you need to prove your bicycle accident injury claim.
