Pedestrians May be Entitled to Recover Compensation if They Were Hit by a Driver in Fort Lauderdale, Florida

California – December 31, 2020

A woman suffered fatal injury in La Mesa  after she was struck by a car on Harbinson Avenue near Colony Road according to police.  The 54-year-old woman succumbed to her injuries at the scene despite the efforts of police and firefighters to save her life.  The driver of the vehicle involved and her passenger were fine after crashing into the pedestrian, and stopped to render aid and call the authorities.  The police did not suspect driver impairment by alcohol, or drugs and are investigating the crash.  An accident attorney is a valuable resource when a family member is lost to an automobile accident in San Diego.  If distracted driving can be proven, there may be a case for negligence supported by California cell phone distracted driving laws.

Car Insurance and liability.

California law requires that drivers have a way to cover costs related to damages or injuries caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.  Under California law, everyone is responsible, not only for the result of his or her 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.

Distracted driving.

California has had distracted driving laws in place for over ten years now and those laws support damage claims when a driver’s use of a cell phone plays a major role in a vehicle accident.  The 2016 Assembly Bill 1785  was meant to discourage drivers from holding an electronic device while operating a vehicle.  California highway patrol is diligent in their efforts to decrease injuries and fatalities caused by distracted drivers through the issuance of  tens of thousands of citations in 2019.  Driver distractions include eating, grooming, tending to small children, reaching for objects, tampering with automobile touchscreens, and any other task that involves a reduction of attention to the act of safe driving.

Hire an attorney.

Seek counsel at Jeffrey E. Estes & Associates immediately after a fatal accident for guidance on how to navigate through the tragic period.  Accident attorneys can proceed in filing wrongful death actions (within the two-year period from the date a person died) that will enable compensation to pay bills related to funerals, emergent hospital care and negative financial impacts to family members.

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.sandiegouniontribune.com/news/public-safety/story/2020-12-31/vehicle-hits-kills-pedestrian-in-la-mesa

https://www.chp.ca.gov/PressReleases/Pages/Thousands-of-Distracted-Drivers-%E2%80%98Caught-in-the-Act%E2%80%99.aspx

https://statelaws.findlaw.com/california-law/california-negligence-laws.html

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1785