Los Angeles Speeding Crash at La Brea & Slauson: What we Know

Six people are gone. Seven people were seriously injured. We are all thinking the same thing—how did the Mercedes driver just plow through that red light?

We’ve all seen the horrific video of the Mercedes speeding through the intersection of La Brea & Slauson in Los Angeles last Thursday, August 4th. In broad daylight, Nicole Linton of Houston, Texas, rocketed through La Brea & Slauson at speeds estimated to be 90 miles per hour. The collision caused an exploding fireball, and it was all captured on surveillance video of a nearby gas station. What happened? Why did Nicole Linton do it?

These are some of the questions we all desperately want answered. Among those killed were toddler Alonzo Quintero and his unborn sibling, according to this GoFundme page.

It is going to take months for us to wrap our heads around this senseless tragedy. Earlier this week, Nicole Linton was charged with six counts of 2nd degree murder and vehicular manslaughter. Her arraignment will take place next week, August 15th.

Here’s what we know:

Criminal Charges

Criminal law isn’t my area of expertise. What I do know is that Nicole Linton is facing 6 counts of 2nd degree murder, one for each person killed in the horrific crash, including an unborn fetus. The California Penal Code defines this level of murder as the unlawful killing of a human being done without premeditation and deliberation, with implied malice.

What is implied malice? The classic example is firing a gun into a crowded room. The shooter doesn’t intend to kill anyone, but he committed an act so dangerous that he should have known someone would die.

Prosecutors here are pointing to Nicole Linton’s driving history. According to this article, she was involved in 13 prior road accidents. The sheer number of prior vehicle mishaps suggests that Ms. Linton knew or should have known that speeding down La Brea and blasting through a red light would have resulted in the deadly consequences that occurred here.

Ms. Linton’s defense attorney is claiming that she suffered from severe mental health issues. Another article mentions that she was never the same after her fiancee was killed in a motorcycle crash in 2017. Early reports from the scene suggested that Ms. Linton may have been under the influence of alcohol. California Highway Patrol has not been able to confirm this. Time will tell how this issue materializes.

Nicole Linton is also charged with Vehicular Manslaughter, a lower level homicide crime, for each individual killed in this crash.

Civil Issues

What can we say about the civil side of this terrible crash?

Six people were killed—leading to six separate potential wrongful death claims. So far, seven people have been identified with serious injuries.

If Ms. Linton was in fact under the influence, her auto insurance should cover the damages, as I discussed in the most recent episode of The Rabbi Lawyer Podcast.

The problem is—there is likely not enough insurance to compensate the wrongful death victims, their heirs, or those injured by Nicole Linton.

Every wrongful death case is different. The average wrongful death settlement is in the millions of dollars range. Let’s make a baseless assumption, for argument’s sake, that Ms. Linton had $100,000 in auto insurance. Will this amount be enough to compensate the heirs of the 6 people killed in this crash?

The answer is no, further compounding this painful tragedy. If Ms. Linton was insured for less, it will make matters even worse. California’s minimum auto insurance is still only $15,000.00.

An argument may be made to hold AMN Healthcare liable for this crash. Ms. Linton is a traveling nurse who contracted with AMN to work at Kaiser Permanente on the day of this crash.

The problem is Ms. Linton was likely an independent contractor. If this is the case, AMN would likely not be liable for Ms. Linton’s negligence under a theory of vicarious liability. Again, time will tell how this issue pans out.

This tragedy illustrates the sad reality that too often, negligent actors are woefully underinsured to compensate for the harms they cause. It reinforces the need for all California drivers to carry Uninsured and Underinsured Motorist coverage, which I recently discussed in this episode of The Rabbi Lawyer Podcast.

So many California drivers are uninsured or underinsured. We can’t always be prepared for everything, but we can all take basic steps to protect ourselves as best as we can.

We all wish comfort to the families of those lost in the La Brea & Slauson crash in Los Angeles. Yours truly will continue to monitor the case for significant developments.

If you were injured in a Los Angeles crash, or have questions about any of the issues mentioned here, including uninsured or underinsured motorist coverage, the Rabbi Lawyer is ready to assist, 24/6.