California – November 4, 2020

When the driver of a Mazda sedan struck a 68-year-old man who stepped off a median, the victim was left with multiple injuries including a broken pelvis and a broken arm.  According to San Diego law enforcement, the accident happened Wednesday morning near Rolando street.  The driver of the car cooperated with investigators after remaining at the scene and the pedestrian was taken to the hospital for treatment of his injuries.  California is among the states with the highest pedestrian fatalities according to The Governors Highway Safety Association’s (GHSA’s) report, noting 6,590 pedestrians were killed on US roads in 2019 with 519 of those deaths occurring in California.

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.  Drivers must carry mandatory minimum amounts, but many can also choose to purchase additional insurance since these amounts may easily be exceeded. If the policy limits are exhausted, the at-fault driver is responsible for any additional damages. A California personal injury attorney can explain the other ways to satisfy California’s financial responsibility laws including:

  • Make a cash deposit of $35,000 with the California Department of Motor Vehicles (DMV)
  • Obtain a self-insurance certificate from the California DMV
  • Obtain a $35,000 surety bond from an insurance company licensed to do business in California

A driver can also purchase personal injury protection (PIP), or Medpay insurance in California to cover injury and damages that allow timely payment for immediate expenses, such as emergent medical care and funeral expenses, before waiting for the outcome of third party payments. There is a two year time period to file a suit after a car accident, but sometimes there are exceptions that an accident attorney can guide victims through.

Damages.

Damages may include medical bills, future care, compensation loss, pain and suffering and loss of companionship. There are circumstances that require legal action by an accident attorney to cover costs relevant to reductions in family income because of the untimely death of a family member.

  • 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. An experienced lawyer can explain the situations where punitive damages are warranted.

Seek legal counsel.

 Seek legal counsel immediately after a hit-and-run car crash that takes causes injury, damages or someone’s life. 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 personal injury accident 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:

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

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

https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

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