California – January 17, 2021

While walking on Oceanside Boulevard in the early hours  of Sunday morning, a woman suffered fatal injury after being hit by a suspected drunk driver in San Diego.  Police Department officers  found an unresponsive woman with a head injury in the westbound lanes of Oceanside Boulevard, and despite life-saving measures, the woman was pronounced dead at the scene.  According to officers.  “At this time, it appears the pedestrian was walking in the eastbound lanes of Oceanside Boulevard when she was struck by a minivan traveling eastbound in the number three lane.”  The 43-year-old driver of the minivan was evaluated and arrested on suspicion of driving under the influence (DUI), after she stopped  and called police to the scene.  An accident attorney is a valuable resource when a family member is lost to an automobile accident in San Diego.  If drunk driving can be proven, there may be a case for negligence supported by California DUI laws.

Negligence. 

Under California law, “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…” meaning that if an individual is responsible for any part of activities that led to injury, compensation will be adjusted to a percentage of fault assigned to accident victims.  If the accident was caused due to a DUI action by the driver, the criminal act may have some bearing on the outcome of the personal injury civil case.  An injury attorney can advise in this type of case.

 Fault and insurance.

 California is a “fault” state with regard to accidents and a victim can bring a claim against the responsible party before filing a claim against their own no-fault insurance.  There is a two year time period to file a suit after an accident. Car accidents are common in San Diego, often leading to exorbitant medical bills, lost wages due to missed time from work, pain and suffering, and funeral expenses related to wrongful death in some cases.

Damages.

Damages related to wrongful death after car accidents are usually paid out by insurance companies who gave liability coverage to the entity, or person who was negligent. Damages may include medical bills, future care, lost wages, pain and suffering, funeral and burial expenses and future impacts to financial stability to surviving loved ones along with loss of companionship. Punitive damages may be awarded in criminal actions that may have caused the death.

Seek legal counsel.

 If you, or someone you love is hit by a car, seek legal counsel immediately by contacting the Law Offices of Jeffrey E. Estes & Associates. 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:

 

 

https://www.greencarcongress.com/2019/10/20191024-nhtsa.html

 

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

 

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1431.2.&lawCode=CIV

 

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

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