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January 14, 2023 21 min

Anne Heche Crash: Actress Wasn’t Intoxicated

Best Personal Injury Lawyer

Although the actress had traces of marijuana and cocaine in her bloodstream, Anne Heche was not intoxicated before she died in a fiery Los Angeles crash, according to the Los Angeles County Medical Examiner.

Instead, officials concluded that Heche died of burns and smoke inhalation after she smacked into a house and her Mini Cooper caught fire. “It got to a point where there was fire everywhere. It was all around us,” one witness remarked. “It had spread from the car to the house and the smoke was getting thick,” he added. Fifty-nine firefighters worked for over an hour to extinguish the flames and extract Heche from her mangled vehicle.

Heche was driving erratically before the crash. At one point, Heche crashed into the garage of an apartment building, then backed up and peeled off. Additionally, surveillance camera footage from moments before the crash shows her speeding down a residential street.

Intoxication vs. Impairment

Many people, including county coroners, believe these two I-words are synonymous. That may be true in everyday life. But to a Los Angeles personal injury attorney, there’s a big difference between intoxication and impairment.

Under Vehicle Code Section 23152, people are intoxicated if they are “under the influence” of alcohol, drugs, or a combination thereof. Basically, under the influence means the driver has lost the normal use of his/her mental and/or physical faculties. Traces of illegal drugs usually don’t prove intoxication, at least in California.

However, traces of illicit substances, combined with erratic driving or other circumstantial evidence, are usually enough to prove impairment. Basically, impairment means the driver is less than 100 percent. The duty of care requires all drivers to be at their absolute best before they get behind the wheel. Drivers who have recently used an intoxicating substance, are fatigued, or have a mild illness, like the flu, are at less than their best. Since they breach their duty of care, if they cause wrecks, a Los Angeles personal injury attorney can obtain compensation in court. More on that below.

The standard of proof comes into play as well. There’s no telling what standard of proof the medical examiner used to conclude that Heche wasn’t intoxicated. In court, the standard of evidence is clear. Victim/plaintiffs must establish impairment by a preponderance of the evidence, or more likely than not.

People who are in full control of themselves don’t crash into garages and speed away. They also don’t speed excessively for no apparent reason. Given all the facts, a jury could easily conclude that, by a preponderance of the evidence, Heche was impaired.

Damages Available

Arguably, impaired drivers know they shouldn’t be on the road. When they choose to drive, they also choose to palace other people at risk. Therefore, damages are usually higher in driver impairment wreck claims.

These damages usually include compensation for medical expenses, vehicle repair or replacement, and other out-of-pocket losses. Victims shouldn’t have to reach into their own pockets to pay these bills.

Compensation for emotional distress and other noneconomic losses is available as well. Any serious car crash is a terrible thing. Money doesn’t change what happened, but quite frankly, money helps victims move on with their lives. At this point, that’s the best possible outcome for everyone.

Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced Los Angeles personal injury lawyer, contact attorney Sharona Hakim, at the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in these matters.

Image Credit: Minge Media TV, CC BY-SA 2.0

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Frequently Asked Questions

If you were only partially at fault for your own injury, you are still a partial victim. In these cases, your compensation may be lessened by the percentage that you were at fault. For instance, if you were found to be 10 percent at fault for your own injuries, you will likely recover 10 percent less than what you would have recovered if you were 0 percent at fault.

Even if an accident or injury was partially your fault, you still may have a claim based on the concept of comparative negligence. The term “comparative negligence” means that the fault of all parties is compared and the amount of the recovery for damages suffered by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused. If you’re injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you will be found comparatively negligent. You also will be found comparatively negligent if you voluntarily expose yourself to danger — y riding a roller coaster without wearing a seat belt, for example, or working with a neighbor’s power saw or other dangerous tool if you’re inexperienced or fail to use a safety guard. This is called assumption of risk.

1. Immediately call the police and request that they come to the scene of the accident and prepare a traffic collision report. 2. If you are in pain, obtain treatment by a medical doctor or chiropractor or at urgent care as soon as possible. It is important to obtain medical treatment and an accurate diagnosis of your injuries. 3. Write down the other driver’s information, including name, address, phone number, date of birth, driver’s license number and insurance information. 4. Photograph the scene of the accident, including damages to all vehicles, skid marks on the road, debris and other visible evidence. 5. File a claim with your insurance provider against the other driver’s insurance provider. It is important that you seek the representation of an attorney prior to giving a statement to the other driver’s insurance company regarding the accident and your injuries. 6. Call the Law Offices of Eslamboly Hakim for a free consultation regarding your case.

Car accidents are unfortunately very common and can have consequences ranging from dented bumpers to serious medical injuries. Taking the right steps after an accident can make a big difference in the outcome. So what are the most important things to remember after a car accident?

Personal injury claims can come from many scenarios. The most generalized description would be in cases where a person suffers an injury in an accident and someone else may be held legally responsible for the accident and the injury. Examples would be car accidents, defective products, unsafe property conditions, negligent practices, etc. When you bring a personal injury claim, it can be resolved either through a formal lawsuit or, more commonly, through an informal settlement (before a lawsuit is filed).

A personal injury is a physical or psychological injury that a person experiences as a result of another person’s conduct, whether intentional or stemming from negligence. Some of the most common causes of personal injuries include car accidents, slip-and-fall accidents, dog bites and defective products.

Category: Automobile Accident Cases

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Posted by Sharona Eslamboly, Esq.

I like the fight – the fight to hold Big Insurance accountable, the fight to find justice for real people, and the fight to level the playing field for...Read More