A San Diego pedestrian was hit by a motor vehicle in Morena and suffered fatal injury.

California – February 15, 2023

The 4800 block of Pacific Highway was the deadly scene of a motor vehicle accident involving a 2016 Lincoln MKZ traveling northbound and a 33-year-old pedestrian who was walking northbound in the northbound lane of the roadway. The pedestrian succumbed to his injuries as the scene and the 41-year-old driver of the MKZ told officers he did not see the man walking in the lane. Alcohol did not seem to be a factor in the accident and San Diego Police Department’s Traffic Division will continue its investigation. If it can be proven that distracted driving was a factor, civil action may still be entertained by surviving loved ones when a motor vehicle accident results in pedestrian fatality. It is prudent to contact San Diego wrongful death attorneys to guide next actions for insurance claims to pay unexpected burial and funeral expenses and initiate litigation when it becomes necessary to access further damage compensation to cover harmful loss that upended the lives of surviving loved ones.

Who is responsible?

California drivers are responsible for their willful acts, and injury that occurs in the management of their property or person. When a driver is found responsible for any part of activities that led to injury, the accident parties will receive will be adjusted in accordance with a percentage of fault assigned to each driver. When accidents are caused due to criminal acts of reckless driving, use of cell phones, drunk driving, or hit and run, a criminal conviction may have some bearing on the outcome of the personal injury or wrongful death case.

Car insurance.

California law requires that drivers have a way to cover costs related to damages or injuries resulting from a San Diego car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement. The minimum amount of liability insurance drivers must have on a policy is:

$15,000 for injury/death to one person.
$30,000 for injury/death to more than one person.
$5,000 for damage to property.

Comparative negligence and compensation.

When insurance claims are filed, carriers may pay necessary expenses related to accident death benefits if a policy coverage allows. Recoverable damages otherwise may include compensation for replacement or repair of property, costs incurred from medical professionals treating injuries, loss of wages, changes in lifestyle, pain and suffering and wrongful death claims including funeral expenses and future financial losses to family members as pain and suffering due to loss. Punitive damages are rarely awarded in California and are based on occasions where an individual’s actions were found to be reckless, intentional, egregious, and harmful, resulting in the claimed injury. A car accident attorney can explain the possibility of punitive damages based on individual cases.

Talk to a lawyer.

Seek legal counsel immediately after a car crash involving a pedestrian death that takes a loved one’s life. They can assist surviving loved ones with insurance claims, and wrongful death litigation when it is necessary. Hire an experienced attorney who is familiar with laws in California by contacting the Law Offices of Jeffrey E. Estes & Associates, who can assist with a personal injury case against a negligent driver.

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: