The Lau Case: Was Justice Served?
On March 16, 2024, Mary Fong Lau drove her Mercedes SUV through a San Francisco residential neighborhood at over 70 mph and plowed into a bus stop. In seconds, she wiped out an entire family: Diego Cardoso de Oliveira, his wife Matilde Pinto, and their two infant sons, ages 1 year and 3 months, were simply waiting for a bus to take them to the SF Zoo. They never made it home.
Last month, Lau’s criminal case ended. Lau, now 80, pleaded no contest to four felony counts of gross vehicular manslaughter and was sentenced to two years of probation, 200 hours of community service, and six days of time already served. No prison. No home confinement. A three-year license suspension, after which she can reapply to drive again. For many, the sentence felt like a second injustice. But for the victims’ families, the fight for justice isn’t over.
The San Diego car accident attorneys at Eugene Bruno & Associates seek compensation for people who have been seriously injured or killed by the negligence of others.
The Criminal Case Is Over, the Civil Case Is Just Beginning.
Here’s what many people don’t realize: a criminal verdict, or in this case, a no-contest plea, does not resolve the question of civil liability. In California, a no-contest plea cannot be used as an admission of guilt in a civil proceeding. That means the family still must prove, before a civil jury, that Lau was responsible for the crash. Many are saying that Lau avoided a guilty plea simply because it would have made the civil case against her stronger.
This is a frustrating reality of the legal system. While the standard of proof in a civil case is lower than the criminal standard of beyond a reasonable doubt, the burden of building that case still falls entirely on the family bringing the lawsuit.
Asset Transfer Allegations
Complicating matters further, Lau allegedly transferred ownership of multiple properties to LLCs and sold others, including to her son-in-law, after the civil lawsuit was filed. If proven, this could constitute fraudulent conveyance, and a court could void those transfers, which would make those assets subject to judgment in the civil case.
Speak With a Trusted Car Accident Lawyer in San Diego
The Lau case is a sad reminder that criminal accountability and civil accountability are two separate paths, and that for victims’ families, the civil case is often where true financial justice is pursued. If you or someone you love has been injured by a negligent driver, don’t assume the criminal process will protect your rights. It won’t. A personal injury attorney can help you fight for the compensation and accountability the criminal courts may never deliver.
To learn more, call 1-888-BRUNO-88 (1-888-278-6688) and schedule a free consultation.
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