According to CHP, James Ortega was one of the passengers in a 2006 Mazda 3 being driven by 24-year-old Donald Arrodondo.
As they were traveling north on Frei road, Arrodondo failed to safely negotiate a curve and their vehicle went off the road then struck a tree and a fence.
Ortega did not survive and was pronounced dead on the scene. Arrodondo and another passenger were brought to a hospital after sustaining injuries.
Arrodondo was also arrested for suspicion of DUI.
The family of Ortega may file a wrongful death claim against Arrodondo.
Under the law, passengers are never liable in a car accident unless they intentionally distracted the driver to cause the crash. It did not say whether Ortega was wearing a seatbelt, but if he isn’t, it will somewhat reduce the damages he will receive.
It is called comparative negligence or the level of fault the victim contributed to his own injuries.
