California – October 30, 2020

A 61-year-old man had exited a business on East San Ysidro Boulevard in San Diego when he stepped into the street, fell down and was struck by a car last Friday. The driver of the Cadillac Escalade was exiting out of the parking lot close by and ran over the pedestrian according to San Diego Police. The Governors Highway Safety Association’s (GHSA’s) report, “Pedestrian Traffic Fatalities by State: 2019 Preliminary Data,” projects that 6,590 pedestrians were killed on US roads in 2019. GHSA’s projection represents a 5% increase from 2018 in the number of pedestrian fatalities. California is among the states with the highest pedestrian fatalities.

Fault, time to file and compensation.

California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before filing a claim against their own no-fault insurance, and there is a two year time period to file a suit after an accident. Damages related to injury after car accidents are usually paid out by insurance companies who gave liability coverage to the entity, or person who was negligent. Damages may include medical bills, future care, compensation loss, pain and suffering and loss of companionship. There are circumstances that require a personal injury attorney to take legal action to cover costs relevant to reductions in family income because of the untimely death of a family member.

Wrongful death.

A wrongful death legal action can be brought by loved ones when a person dies because of the negligent, reckless, or deliberate act of another.  Damages in these lawsuits can include:

  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering
  • California Civil Code 3294 allows a jury to award punitive damages in a personal injury case, but the plaintiff must prove by clear and convincing evidence that the defendant’s conduct amounted to malice.

 Seek legal counsel.

 Seek legal counsel immediately after a hit-and-run car crash that takes someone’s life. Surviving loved ones should consult with a lawyer to discuss the possibility of a wrongful death claim.  Hire an experienced attorney who is familiar with personal injury laws in California by contacting the Law Offices of Jeffrey E. Estes & Associates, who can assist with a wrongful death case against the negligent driver.  They can be instrumental in the financial recovery necessary to address personal injury and damages within the designated statute of limitations.

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

https://www.greencarcongress.com/2019/10/20191024-nhtsa.html

https://www.sandiegouniontribune.com/news/public-safety/story/2020-10-31/pedestrian-run-over-and-killed-after-falling-in-street-in-san-ysidro

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=945.6

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=912.6

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1431.2.&lawCode=CIV

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=912.4

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