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Motorcyclist DUI caused life threatening injury to a pedestrian in San Diego. 

California – October 30, 2022

A 30-year-old man driving a motorcycle eastbound on 1100 Garnet Avenue struck a pedestrian in the early morning hours according to the San Diego Police Department Watch Commander, Officer Fisher. The victim, a 21-year-old male, was walking northbound across Garnet Avenue at the time of the incident. Officer Fisher said the pedestrian was transported to UCSD Hospital with life threatening injuries and the motorcyclist was transported to Scripps Mercy Hospital with minor injuries According to authorities, alcohol was a factor in the incident. Accident victims may ask themselves “Where can I find attorneys near me?” when they need assistance after accidental injury and property damage are caused by a motorcycle crash in San Diego.

Responsibility.

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.

Seek medical treatment.

There are instances where traumatic brain injuries (TBI) occur during motorcycle accidents when victims experience a blow to the head, penetration of a foreign object, or whiplash, but they do not immediately seek medical treatment. When brain injuries are not treated in a timely fashion there may be an increased risk of long-term brain damage, so it is important for accident victims to seek medical screening shortly after a car accident.  Individuals can recover from this type of brain injury with specialized care, but they may experience residual deficiencies that lead to the inability to continue with pre-accident employment, or activities of daily living.  A San Diego personal injury attorney may be instrumental in seeking comprehensive damages to address life changes after a traumatic brain injury.

Damages valuation.

Long- and short-term problems can occur after a traumatic brain injury depending on the type and severity of the injury.  It is important to receive the necessary financial support valuation for medical expenses, and time away from work leading to lost wages.  California personal injury attorneys can communicate with insurance carriers and initiate civil action when it is necessary.

Damage compensation will be impacted by the type of TBI, increasing in amounts relative to the extent of damage after a car accident.  An accident attorney can guide victims and explain economic and non-economic valuation based on financial losses, quality of life issues, and impacts to household expenses, medical expenses, long term care and pain and suffering.

Punitive damages.

California Civil Code 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 was found to be reckless, intentional, egregious, and harmful, resulting in the physical injury, or wrongful death of a person.

Legal action after harmful loss.

A California accident victim can take steps to minimize additional stress by hiring competent legal counsel to act on their behalf in court, or communicate with insurance companies to recover  a fair monetary settlement. A DUI charge will weigh heavily on a negligence defense for a car accident resulting in physical injury to pedestrian in San Diego.  Consultation with an experienced car accident lawyer who understands the residual impacts and long term medical expenses associated with a traumatic brain injury can guide damage valuation and compensation for each case.

 

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. Man struck by motorcyclist in suspected DUI crash near Pacific Beach (msn.com)
  2. https://www.cdc.gov/traumaticbraininjury/get_the_facts.html
  3. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

 

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