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Family of pedestrian fatally injured may file wrongful death suit for damages in San Diego.

California – May 13, 2022

The scene of a fatal pedestrian injury near Nordahl Road and State Route 78 revealed a crash between an SUV and a woman who stepped off the curb into the path of the vehicle causing her to suffer major head and body trauma for which she was transferred to the hospital where she succumbed to her injuries.  The driver of the SUV was screened for alcohol and drugs and was not found to be intoxicated or speeding according to law enforcement at the scene. Surviving loved ones may ask themselves “Where can I find attorneys near me?” when they need assistance recovering compensation to replace property or pay medical bills and lost wages or for expedited access to insurance funds for funeral and burial costs due to fatal injury.  Legal guidance to address anticipated negative changes to a family’s financial stability through personal injury litigation, or insurance compensation may prove beneficial to surviving loved ones.

Car Insurance covers a portion of award payments.

California law requires that drivers have a way to cover costs related to damages or injuries caused in car accidents. 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.

Was it distracted driving?

Driver distractions include eating, grooming, tending to small children, reaching for objects, tampering with automobile touchscreens, and any other task that involves a reduction of attention to the act of safe driving.  California has had distracted driving laws in place for over ten years now and those laws support damage claims when a driver’s use of a cell phone plays a major role in a vehicle accident.  The 2016 Assembly Bill 1785  was meant to discourage drivers from holding an electronic device while operating a vehicle.  California highway patrol is diligent in their efforts to decrease injuries and fatalities caused by distracted drivers through the issuance of  tens of thousands of citations annually.

Comparative Negligence. 

California drivers are held responsible for willful acts as well as acts that occur during ordinary care and may have to pay damages for any part of accident-related activities that led to injury.  Compensation to victims will be adjusted in accordance with a percentage of fault assigned to all parties involved in the accident.  Experienced accident attorneys can explain how fault and damage compensation will be calculated and awarded in a pedestrian fatal injury case.

Damage compensation.

Damages 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 and pain and suffering due to loss. Because the compensation will be based on the award set by a court of law, it is important for accident victims to keep comprehensive records of all costs incurred because of the accident.

Hire a California car accident lawyer.

Seek legal counsel immediately after a pedestrian car crash that takes a loved one’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 wrongful death case against the 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:

  1. SUV fatally strikes pedestrian in San Marcos – The San Diego Union-Tribune (sandiegouniontribune.com)
  2. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1785

 

 

 

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