Tragic Hit-and-Run Death of 13-Year-Old in Dana Point

Fatal Dana Point Hit-and-Run Involving 13-Year-Old Highlights Dangers of Impaired Driving

A tragic collision in Dana Point on Tuesday morning, November 18, 2025, claimed the life of a 13-year-old boy after he was struck by a vehicle near Dana Point Harbor Drive and Park Lantern. According to the Orange County Sheriff’s Department, deputies responded around 8:20 a.m. to reports of a vehicle-versus-pedestrian crash. The juvenile victim sustained severe injuries and was later pronounced dead at a hospital. Witnesses helped deputies identify and locate a suspected vehicle approximately two to three miles away. A 59-year-old local resident was arrested on suspicion of hit-and-run and driving under the influence of alcohol and/or drugs. Authorities continue to investigate.

This heartbreaking loss underscores the devastating impact impaired driving can have on families and communities—especially when young pedestrians are involved. While the criminal investigation proceeds, families affected by such incidents often need clear information about their rights, the civil legal process, and the practical steps that help protect their interests.

Understanding DUI and Hit-and-Run Liability in California

- DUI laws: In California, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher for most drivers, 0.04% for commercial drivers, and as little as 0.01% for drivers under 21. Even below 0.08%, drivers can be arrested if impairment is observed.
- Hit-and-run duties: Any driver involved in a crash that causes injury or death must stop, provide identifying information, and render reasonable aid. Fleeing the scene can lead to felony charges under California Vehicle Code 20001.
- Civil vs. criminal cases: A criminal arrest or prosecution for DUI and hit-and-run addresses punishment. Separately, a civil wrongful death claim seeks compensation for the family’s losses. The civil case does not depend on a criminal conviction, and the standards of proof differ.

Wrongful Death and Survival Claims After a Fatal Pedestrian Collision

When a loved one is lost in a crash, California law generally allows certain family members—such as parents, surviving spouse, domestic partner, or children—to bring a wrongful death claim. Potential recoverable damages may include:

- Funeral and burial expenses
- Loss of the decedent’s financial support and household services
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support

In some cases, the decedent’s estate may also bring a survival action to recover damages the decedent could have claimed if they had survived, which may include medical expenses and, in certain circumstances, pre-death pain and suffering.

Comparative Fault and Pedestrian Rights

California follows a pure comparative negligence system. This means that if multiple parties share fault, each party’s responsibility is allocated by percentage. Importantly, pedestrians in crosswalks—marked or unmarked at intersections—generally have the right of way, and drivers must exercise due care to avoid collisions. Even outside a crosswalk, motorists have a continuing duty to drive at a safe speed, remain alert, and take reasonable steps to prevent harm.

The death of a 13-year-old child in this tragic Dana Point hit-and-run is a heartbreaking reminder of how quickly impaired and reckless driving can shatter families and communities. No parent should ever have to endure a loss like this, and when a driver chooses to flee the scene or get behind the wheel while impaired, the consequences are not only catastrophic—they are entirely preventable. As investigators continue to gather facts and the criminal case moves forward, the legal, emotional, and financial burdens on the victim’s family will undoubtedly be enormous.

At Avian Law Group, we are committed to standing with families affected by fatal pedestrian collisions, DUI crashes, and hit-and-run incidents. Our team understands the complexity of these cases—both criminal and civil—and works diligently to uncover the truth, preserve critical evidence, and pursue the compensation families are entitled to under California law. While no legal action can undo such a profound loss, it can provide accountability, financial stability, and a sense of justice in the wake of tragedy.

If your family has been impacted by a fatal or serious pedestrian crash, you do not have to navigate the legal process alone. Avian Law Group is here to provide compassionate guidance, experienced representation, and unwavering support every step of the way.