Accident attorneys help recover damages after a fatal hit-and-run in San Diego.
California – August 13, 2021
A pedestrian was struck and suffered fatal injury Friday night in Vista by an SUV whose driver fled the scene, according to law enforcement personnel. The accident occurred around 9 p.m. near Sycamore Avenue and Green Oak Road. When deputies arrived on the scene, bystanders were performing CPR on the victim, who succumbed to injuries at the scene. Law Enforcement was searching for a light brown, early 2000s Chevrolet Tahoe with tinted windows. A car accident attorney can answer questions regarding options for wrongful death compensation and how a hit-and-run criminal activity will impact a case.
Hit-and-run.
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.
Wrongful death damages award.
If a wrongful death attorney is successful, a claim award will address the losses that include changes in life expenses for survivors, lost future wages, and compensation for any future loss of companionship, comfort, and affection caused by the fatal injury of the accident victim.
California personal injury attorneys research case specifics to determine if negligence was the cause of an accident resulting in a wrongful death. A wrongful death legal action can be initiated by loved ones after a person dies because of the negligent, reckless, or deliberate act of another. Damages in these lawsuits can include:
- Funeral and burial expenses
- Compensation for future lost wages
- Compensation for pain and suffering
- Punitive damages for egregious action.
Comparative 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.
When an accident was caused due to a hit-and-run action by the driver, the criminal charges may have some bearing on the outcome of the personal injury civil case. California Law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident. An injury attorney can advise how the negligence of the driver will impact the “fault” component when damages are claimed.
Hire an attorney.
Seek legal counsel immediately after a car crash involving a hit-and-run charge that causes fatal injury to a loved one. An experienced attorney who is familiar with hit-and-run laws in California can be reached at the Law Offices of Jeffrey E. Estes & Associates, and can be resourceful in the personal injury case against the negligent driver as well as finding a means to access insurance funds in a timely manner to pay for unexpected funeral and burial arrangements.
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://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20001
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&lawCode=CIV
https://www.sandiegouniontribune.com/news/public-safety/story/2021-08-13/pedestrian-struck-killed-in-vista-hit-and-run-crash
