This past summer, a Gilroy man accused of driving under the influence, caused a fatal car accident when his truck slammed into another vehicle. According to the San Jose Mercury News, charges have now been upgraded from gross vehicular manslaughter and two counts of DUI to second-degree murder. If convicted, he faces a sentence of 15 years to life in prison.

The accident occurred after Jesus Cortez pulled his truck over to the side of the road because of car trouble. Before Cortez was unable to unbuckle his son Jose, a car driven by the drunk driver slammed in to the truck, causing a heaving toolbox to strike the boy's head, killing him instantly.

The driver reportedly had a blood alcohol level twice the legal limit and had fallen asleep at the wheel.

When drunk driving accidents occur, both civil and criminal cases may be brought against a drunk driver. Those injured or their families may bring actions for negligence and wrongful death in order to recover compensation. Additionally, criminal charges may be filed.

For more information, or if you or a loved one has been injured in a California drunk driving accident, contact Frederick J. Sette, dedicated to helping accident victims for more than 31 years.