November 11, 2000

The Donald Kraft Tragedy: Avoiding repetition.

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In August 1999, a driving accident involving Donald Kraft, an American driver in Baja California, led to a tragic chain of events, which eventually contributed, according to his family, to Mr. Kraft's death. Mexican authorities found Mr. Kraft caused the accident, setting in motion a number of Mexican criminal and civil liability laws. Mr. Kraft was seriously injured suffering a broken neck. A passenger in the other vehicle involved was also injured, but not as seriously

Mr. Kraft, though immediately transported to a hospital in Ensenada, Baja California where he received medical attention, was placed under police jurisdiction while an assessment of liability were investigated, because non-responsible parties sustained bodily injury and property damage. To the Mexican authorities, it was immediately clear that Mr. Kraft was responsible for the accident as he crossed the highway in front of oncoming traffic to gain access to a fence opening dividing the two-way traffic lanes so as to be able to make a U-turn. In so doing, his car crossed directly unto the path on an oncoming car, which struck Mr. Kraft's vehicle with some severity.

The driver and passenger of the car involved in the accident were informed Mr. Kraft did not have liability insurance, whereupon they filed a complaint against Mr. Kraft with the local Mexican authorities to secure their claim against him.

The complaint served as a claim to the authorities to hold Mr. Kraft until he would satisfy the financial liabilities his mistake had caused. Even without the complaint the Mexican authorities would have, under Mexican laws, held Mr. Kraft, because he had broken the law leading to a bodily injury accident.

The Mexican authorities were apparently not aware that Mr. Kraft who was traveling on a toll highway possessed liability insurance by virtue of having paid the posted toll. It is also apparent that neither the Kraft family nor the other party involved in the accident were aware of the existence of the liability toll highway insurance coverage.

At the Ensenada hospital there arose a difference of opinions between doctors regarding Mr. Kraft's treatment. The attending doctor felt Mr. Kraft could receive adequate treatment at the hospital, but another doctor felt it would be best to transport Mr. Kraft to San Diego, California where there was more advanced trauma treatment available.

Understandably, the Kraft family wanted and requested Mr. Kraft be transported to San Diego. They obtained the services of an emergency evacuation ambulance service.

Before releasing Mr. Kraft,  court held he had to post a bond for $2300 dollars to cover the cost of damages to the other car, and for the medical treatment of its passenger.

Additionally, the emergency evacuation ambulance service required the up-front payment of $4700 dollars, as Mr. Kraft had not insurance covering that cost. Mr. Kraft's family had to scurry about gathering the needed $7000 in cash.

These activities delayed for 18 hours the evacuation of the critically injured Mr. Kraft.

Newspaper reports caused an uproar in San Diego, and indeed, throughout Southern California and all along the US-Mexico border. Mexico was accused of corruption, guilty of violations of human rights, being uncaring, unbending, and these were the tamer indictments.

Radio talk show personalities fanned the fires of discontent and anti-Mexico feelings among their listeners to new levels. With emotions running high, communications between the two regions were severely impaired.

The aftermath of such a tragedy raised many questions: Are US citizens obligated by Mexican laws and to what extent? Does the Mexican judicial system provided flexibility in order to avoid these sorts of occurrences? Who can or should evaluate the medical treatment available and determine whether or not a medical evacuation is in order? What does and doesn't Mexican auto insurance cover? What are Mexican liability laws and when does civil liability cross into criminal liability? Are there remedies already in place to prevent such tragedies?

HispanicVista.com approached the San Diego World Affairs Council with the idea of co-sponsoring a forum to air these questions. The WAC in keeping with its mission statement agreed, and so the first forum of its kind was held in San Diego on December 8, 1999.  Officials and representatives from both sides of the border tackled the issues.

The Forum exposed two major items:

1.      Mexico's insurance industry has the coverage available, which had Mr. Kraft obtained would have prevented delays in his medical evacuation.

2.      The US automobile visitors to Mexico are not aware of:

A.     Mexican financial responsibility laws pertaining to automobile accidents, and

B.     The available coverage:

a.       Third party liability

b.      Legal services, which include attorney and posting of bond.

c.       Emergency medical evacuation.

Had Mr. Donald Kraft known about his financial responsibilities in the event of an accident while driving in Mexico, and had he availed himself of that coverage the aftermath of the accident would have been avoided.