A fiery crash in Irvine, California, has raised questions about speed, roadway conditions and what may have contributed to the loss of control of a McLaren that killed two people early Sunday, September 13.
James Wehr, 27, known as a car enthusiast and co-founder of South OC Cars & Coffee, and 22-year-old Alexis “Lexi” Kramer were killed after the 2019 McLaren they were traveling in crashed near Culver Drive and Deerfield Avenue. According to the Irvine Police Department’s preliminary investigation, the vehicle had stopped at a traffic light before accelerating northbound when the driver lost control. The vehicle traveled off the roadway, struck a curb and a tree, split apart and caught fire.
Dashcam footage obtained by TMZ shows the moments leading up to the collision. The video appears to show the McLaren accelerating after the light changed before traveling across a wet portion of the roadway. The driver then appears to brake, after which the vehicle suddenly veers to the right and strikes the tree. Both occupants died in the crash.
While the video provides important visual evidence, it does not by itself establish every factor that caused the collision. Irvine police continue to investigate, including questions surrounding the roadway and the driver’s actions before the crash.
One of the more significant developments following the crash involves water reportedly present on the roadway.
An attorney retained by Wehr’s wife, Emma Wehr, has raised questions about why there was a substantial amount of water on the road despite otherwise clear weather. Investigators are examining how the water got there, how long the roadway may have been hazardous and whether another party could potentially have played a role in creating or failing to address a dangerous condition.
That distinction is important in a serious injury or wrongful death investigation.
A crash is not always solely about the person behind the wheel. Depending on the evidence, investigators may also examine whether a dangerous roadway condition, inadequate warnings, construction activity, drainage problems, a malfunctioning vehicle component or another contributing factor played a role.
For example, if water unexpectedly accumulated in an area where drivers would not reasonably anticipate a hazardous condition, questions could arise regarding where the water came from, whether the condition was known or reasonably discoverable, whether warnings were provided and whether reasonable measures were taken to address it.
Those questions cannot be answered simply by watching the crash video. They require an investigation into the physical scene and circumstances leading up to the collision.
Dashcam footage can be extremely valuable following a serious collision because it can preserve information that may otherwise be difficult to reconstruct later.
In this case, the footage may help investigators establish the vehicle’s movements immediately before impact, the timing of the acceleration and braking, traffic conditions and the apparent condition of the roadway.
Other evidence may be equally important. Investigators can examine photographs and measurements from the scene, vehicle damage, electronic vehicle data when available, surveillance footage from nearby businesses or intersections, witness statements, roadway maintenance records and weather or drainage information.
Investigators have also reportedly been examining social media activity and toxicology evidence as they work to determine whether alcohol or another factor may have contributed to the crash. Police have said they are looking into every possible aspect that may have contributed to the collision.
At this stage, those investigative questions should not be treated as established causes of the crash.
According to police, an officer stopped the vehicle around 7:21 p.m. after observing a vehicle with a loud exhaust. The driver received a warning and was released. The fatal collision occurred shortly after midnight.
When someone dies because of another person’s negligence or because a dangerous condition contributed to a fatal accident, surviving family members may have the right to pursue a wrongful death claim under applicable law.
These cases can become particularly complicated when the circumstances involve more than one potential contributing factor.
For example, an investigation may need to determine whether the driver’s conduct was the sole cause of the crash or whether another person, company, property owner, roadway authority, vehicle manufacturer or other entity may have contributed to the circumstances that led to the collision.
A wrongful death investigation may therefore look beyond the final moment of impact. It can involve reconstructing what happened before the crash, identifying dangerous conditions and determining whether another party had a responsibility that was not fulfilled.
The specific legal rights available to surviving family members depend on the facts of the accident and applicable law.
Roadway conditions change. Vehicles are moved or repaired. Surveillance footage may eventually be overwritten. Witness recollections can become less precise. Online posts can also change or disappear.
For that reason, an investigation may involve promptly preserving photographs and video, identifying witnesses, obtaining available surveillance footage, documenting the condition of the roadway and vehicle, and determining whether relevant records exist concerning maintenance, construction, drainage or prior complaints.
In a case involving a potentially hazardous roadway condition, documenting the physical location and circumstances surrounding that condition can be particularly important.
Every collision is different. A crash involving excessive speed, a dangerous roadway condition, a defective vehicle component or another contributing circumstance can raise very different legal questions.
If you or your family has been affected by a serious or fatal car accident, obtaining legal guidance early can help ensure that important evidence and potential claims are properly evaluated.