At least one person died in a crash on westbound State Route 94 near the San Diego community of Oak Park early Sunday, a California Highway Patrol dispatcher confirmed. The collision happened near Kelton Road about 12:05 a.m. An unidentified pedestrian died at the scene after being struck by a Dodge van just after midnight when trying to walk across SR 94. A man reported from a gas station in the 9000 block of Campo Road that his “drunk friend” got out of his vehicle and tried to walk across the freeway, according to a California Highway Patrol incident report. The victim was struck by a vehicle on westbound SR-94 and died at the scene, the CHP said.
The Governors Highway Safety Association’s (GHSA’s) report, “Pedestrian Traffic Fatalities by State: 2019 Preliminary Data,” projects that 6,590 pedestrians were killed on US roads in 2019. GHSA’s projection represents a 5% increase from 2018 in the number of pedestrian fatalities. California is among the states with the highest pedestrian fatalities and an experienced attorney can help when an accident leads to pedestrian death.
According to California Penal Code, the public intoxication law applies whenever anyone is found in a public place under the influence of a controlled substance, causing danger to their own safety, or the safety of others. The law also applies if a person interferes with, obstructs, or prevents the use of a public path or street because the person is under the influence of a controlled substance.
Fault, time to file and compensation.
Under California law, everyone is responsible, not only for the result of their own willful acts, but also for an injury, or wrongful death occurrence during the course of ordinary care. This means that if a driver is responsible for any part of activities that led to injury, the compensation will be adjusted in accordance with a percentage of fault assigned to each driver. If the pedestrian was found to be intoxicated at the time he entered the driver’s path, it will be relevant to a wrongful death claim.
California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before filing a claim against their own no-fault insurance, and there is a two year time period to file a suit after an accident. Damages may include medical bills, future care, compensation loss, pain and suffering and loss of companionship, as well as funeral expenses.
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 wrongful death claims related to pedestrian death caused by a car accident.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101