San Diego hit and run results in the death of a young Fallbrook resident.

California – February 23, 2023

A 21-year-old man from Fallbrook lost his life after being hit by a vehicle on View Street.  When emergency medical services personnel arrived at the scene, he had already succumbed to his injuries caused by what was believed to be a blue Honda Accord.  California Highway Patrol believe the vehicle was traveling west on View Street before striking the pedestrian and may have damage to the front windshield from the crash impact.  Further investigation will be necessary to determine if alcohol or drugs contributed to the accident and the driver leaving the scene. Legal guidance may be necessary to the surviving loved ones of the victim to address anticipated negative changes to a family’s life and financial stability through a wrongful death lawsuit, or insurance settlement that may prove beneficial to surviving loved ones and enable timely access to funds for funeral and burial expenses.

California hit-and-run.

A hit-and-run action in California is a misdemeanor if no one suffers injury or death. A hit and run escalates into a felony if a driver was drunk at the time, under the influence, acted negligently, or if the accident results in death.  If the accident results in death or injury, the driver is guilty of a felony, punishable by up to four years in prison. The court may also order a fine not less than $1000 but not more than $10000.

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.

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.

Recoverable 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 lawyer.

Accident victims who suffer harmful loss should 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. https://timesofsandiego.com/crime/2023/02/06/hit-and-run-crash-leaves-21-year-old-man-dead-in-fallbrook/
2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001
3. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=20002.&lawCode=VEH
4. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1785