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Damage compensation sought by San Diego lawyers after pedestrian fatality on I-5.  

pedestrian walkway

California – August 26, 2021

Another pedestrian suffered fatal injury on Interstate 5, according to California Highway Patrol responding to a call that a person had been struck in the fast lane on the northbound I-5, south of state Route 15.  Reports claim the unidentified victim ran from the right shoulder toward the center divider before being struck.  It was not clear if the vehicle stopped, or if multiple vehicles hit the pedestrian.  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 car accident attorney can provide guidance for victims and loved ones after a vehicle crash involving a pedestrian. When pedestrians are hit by motor vehicle accidents, damages can be minor, or catastrophic and fatal.  In some case criminal negligence caused the accident through acts of speeding, DUI, distracted driving, and fatigued driving.

Hit-and-run.

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.

Total awards 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.

Negligence.

California auto accident lawyers can prove other individuals, or entities cased 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 pedestrian versus  motor vehicle accident results in property damage, personal injury, or death.

 

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.sandiegocounty.gov/content/dam/sdc/me/docs/ME-MidYearReport-Jan-Jun2020.pdf

https://www.sandiegouniontribune.com/news/public-safety/story/2021-08-26/pedestrian-struck-killed-on-i-5-south-of-sr-15

https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001