San Clemente man, 54, was allegedly driving on drugs in OC crash that killed infant

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MISSION VIEJO, Calif. (KABC) — The names have been released of the suspect and victims in a horrific Orange County crash that resulted in the death of an infant.

A driver allegedly under the influence of drugs jumped a curb and struck a family of three out for a walk on Sunday afternoon in a neighborhood near Mission Viejo, according to the California Highway Patrol.

On Monday, the California Highway Patrol identified the suspect as Daniel Patrick Lenihan, 54, of San Clemente. He was driving a 2017 Hyundai Sonata and he was arrested for suspicion of driving under the influence of drugs and vehicular manslaughter.

The incident happened around 4:15 p.m. in the area of Antonio Parkway and Oaktree Lane, south of Mission Viejo, according to CHP.

“You don’t expect these things to happen but unfortunately when somebody decides to take drugs and drive under the influence – it’s not a good combination,” said CHP Officer Brian Kinsey. “Bad things can happen.”

Eyewitness News spoke with Jonathan Cherney on Monday, who lives in the area and specializes in accident reconstruction.

He was at the scene, analyzing the impressions left in the landscape and sidewalk.

Cherney believes Lenihan was speeding and there was little the family could have done.

“I think the scariest thing is that when you’re with your family and you’re walking somewhere that’s safe, nobody is going to expect a car to drive up on the sidewalk and take you out,” he said.

Meanwhile, residents of Las Flores near Rancho Santa Margarita were left stunned after hearing the tragedy that unfolded near their homes.

“I just did this walk like a week ago with my son. It’s horrible,” said Terra Pickett. “I know the pain of losing a child and I just feel so bad for the family and I just wanted to bring them something to know that they’re not alone and this community is here to help support.”

Lenihan is currently in the Orange County Jail and is scheduled to make his first court appearance on Tuesday.

We extend our deepest condolences to the friends and family of the victims and wish a quick recovery for others involved in this crash during this very difficult time.

If you have been negatively affected by a burn, and think there may be somebody who was negligent and responsible for the fire (or other sources of the burn) in California, an experienced burn injury lawyer or personal injury lawyer can make you assure that your rights are protected. The Law Offices of Burg & Brock has offices throughout California.

When individuals are harmed or killed in traffic accidents, and another party is at fault, full compensation is not always granted, despite the circumstances. Skilled legal representation from a car or truck accident attorney is typically a must in these situations.

Photo credit: ABC7

Legal Defenders at the Law Offices of Burg and Brock has helped countless families and individuals obtain the compensation they need to deal with expenses and move on with their lives. For a police report or other information, call us today at (818) 405-9091.

What California law says after a car accident

Who may bring a wrongful death claim in California

When a collision results in death, California law allows specific family members to bring a wrongful death claim. The categories are defined by statute and generally include a surviving spouse or domestic partner, children, and, where there is no surviving spouse or issue, others who would be entitled to the property of the person who died. Certain dependents, including a putative spouse, stepchildren, or parents who were financially dependent, may also qualify.

A wrongful death claim compensates surviving family members for their own losses, including financial support, funeral and burial expenses, and the loss of the companionship, guidance, and society the person provided.

A separate claim, called a survival action, covers losses the person themselves sustained before death, such as medical expenses and lost earnings. California law changed here. For survival actions filed on or after January 1, 2026, damages for the decedent’s own pain, suffering, or disfigurement are no longer recoverable. Cases filed before that date are not affected, and different rules can apply in elder abuse matters.

Eligibility depends on family circumstances, filing deadlines are strict, and the damages available depend in part on when a case is filed.

Reporting requirements after a California collision

California imposes reporting duties on drivers that are separate from any insurance claim.

A report must be filed with the DMV on form SR-1 within ten days of a collision that caused any injury, any death, or more than one thousand dollars in property damage to any one person. This duty applies regardless of fault, applies even when police responded and wrote their own report, and is not satisfied by notifying an insurance company. With current repair costs, most collisions that involve a body shop meet the damage threshold.

A separate rule covers collisions causing injury or death. The driver must make a written report to the California Highway Patrol, or to the city police department where the collision happened in a city, within twenty four hours. The statute states this duty for every injury or fatal collision. In practice, where officers responded and completed a report at the scene, that report generally satisfies the agency’s need, but a driver who assumes this without confirming it is relying on practice rather than on the text of the law.

Missing the DMV deadline can lead to suspension of driving privileges, an outcome unrelated to who caused the collision.

Information for Families After a Fatal Collision

Losing a family member in a collision raises urgent legal questions, often long before anyone feels ready to ask them. These guides set out the basics, with no obligation attached.