Conviction Of Motorist In Santa Monica Market Accident Stands

Yesterday, the California Supreme Court refused to review the conviction of an elderly motorist who crashed through a farmers market in Santa Monica in 2003. George Russell Weller's conviction of manslaughter charges, stands.

Weller was 86-years-old on 16th of July 2003. He was driving a Buick LeSabre when he crashed through a wooden-plastic barricade, and mowed down several pedestrians at the open air farmer's market in Santa Monica. Several pedestrians were seriously injured, and by the time the mayhem, which lasted 20 seconds, ended, there were 9 people dead and 63 injured. At least two infants suffered critical injuries, and one of them, a seven-month-old boy, died a few days later, bringing the death toll to 10. The dead included a 3-year-old girl, an octogenarian and a married couple.

The farmer's market was spread across a three-block stretch, and had been crowded with shoppers on the day of the accident. For 20 seconds, shoppers at the pedestrian market experienced sheer terror as bodies flew everywhere, and the car continued its rampage. When Weller's car came to a stop, there was an injured man on the hood and a female victim trapped underneath the car.

Later, Santa Monica police would say that the accident was the worst they had ever seen. At the time, it was one of the worst pedestrian accidents in the country. The city of Santa Monica ended up paying out $21 million in settlements to the injured and families of the deceased. Weller was found to have no alcohol or medications in his system at the time of the crash. He told police later that he couldn't stop the car, and could possibly have stepped on the gas pedal instead of the brake. Witnesses at the scene said that Weller was not only speeding as he plowed through the pedestrians, but was actually accelerating as he mowed the shoppers down.

Weller was convicted of 10 counts of vehicular manslaughter. Prosecutors suggested that he had been trying to run from the scene of a minor accident when he broke through barricades at the market. He was sentenced to five years of probation. He remains confined to his home, and needs 24-hour nursing care.

At the time, the accident had directed attention at the issue of driving by senior motorists. This has been a sensitive issue for a while now. Increased longevity has meant that people are living longer and healthier lives than before. Many of these people continued to remain mobile well into their 70's and 80's. Nobody denies that elderly motorists need to be mobile in order to lead an independent life. In fact, studies have shown that older people who have their car keys taken away from them fell into depression.

Elderly motorists themselves will tell you that more accidents are caused by younger motorists like teen motorists every year, than by senior drivers. However many California personal injury lawyers believe that driving privileges for the elderly must be reevaluated, to ensure that senior drivers can enjoy their driving freedoms, without compromising the safety of other motorists.