San Diego’s Interstate 8 was the scene of a pedestrian fatality caused by a motor vehicle.
California – November 6, 2021
According to California Highway Patrol, a man suffered fatal injury while he was trying to cross Interstate 8 on Saturday near Texas Street and Qualcomm Way ramps. A blue SUV heading west on Interstate 8 struck the pedestrian in the early evening hours and it was not clear if the vehicle immediately stopped to render aid to the victim. In 2019, 38,800 people were killed in car accidents in the United States. In San Diego pedestrian deaths remained the leading type of motor vehicle related death in 2020 at 28% (44); there was no change compared to the mid-year 2019 count of 44. A San Diego personal injury attorney can provide guidance for victims who have lost loved ones after an automobile crash involving a pedestrian. When pedestrians are hit by motor vehicles, injuries can be minor, or catastrophic and fatal, and criminal negligence may be a factor through acts of speeding, DUI, distracted driving, and fatigued driving.
Hit-and-run.
If it is found that the driver of the car left the scene without assisting the injured pedestrian, criminal charges can be brought. An experienced accident attorney can help with the intricacies of a complex accident case by addressing criminal components such as hit-and-run actions, insurance policy coverages, degrees of fault and the severity of the accident damages toward a timely award. A hit and run driver that causes serious bodily injury to another may be charged with a misdemeanor, or a felony.
If individuals are convicted of a misdemeanor violation under CVC 20001(b)(2), they may face a hit and run punishment of:
- A minimum of 90 days and up to one year in jail,
- A fine between $1,000 and $10,000 dollars, or
- Both, imprisonment and a fine.
If individuals are convicted of a felony violation under CVC 20001(b)(2), they may face a hit and run punishment of:
- Two, three or four years in prison
- A fine between $1,000 and $10,000, or
- Both, imprisonment and a fine.
Insurance.
California offers personal injury protection Med Pay coverages as an option to address injuries caused by a car accident, but it is always best to speak with a car accident attorney who understands insurance laws. There is a two year time period to file legal action after an accident in California. Experienced car accident lawyers can build a case against negligent parties on behalf of injured parties, or their loved ones in cases of fatal injury.
Damages.
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:
- Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
- Punitive damages may be considered but reckless, intentional, and egregious acts must have caused the harm.
Hire an attorney.
California auto accident lawyers can prove other individuals, or entities caused the injury and owed a duty of care to victims in many cases. It is important to seek legal counsel shortly after an accident. Contact the Law Offices of Jeffrey E. Estes & Associates, who can assist after a motor vehicle accident results in property damage, or personal injury.
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.sandiegouniontribune.com/news/public-safety/story/2021-11-06/pedestrian-struck-killed-on-i-8-near-texas-street
https://www.sandiegocounty.gov/content/dam/sdc/me/docs/ME-MidYearReport-Jan-Jun2020.pdf
https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20001
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