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. San Diego City Council agreed to pay $600,000 to Julio Cesar Ortiz for lost wages and injuries he suffered when a rented truck driven by a city worker rear-ended Ortiz’s Toyota truck on July 25, 2017, just after 6 a.m. The crash, which occurred on northbound Interstate 805 near Telegraph Canyon Road, was determined to be the city worker’s fault for driving at an unsafe speed. A lawsuit filed in 2018 by Ortiz says the city worker failed to notice that traffic had begun slowing. Shortly after the crash, Ortiz began experiencing neck and back pain, and he eventually underwent shoulder surgery, with future plans to have neck fusion surgery and carpal tunnel surgery because of the accident-related injuries. City Attorney Mara Elliott filed trial briefs this winter questioning whether each of the surgeries can be directly linked to the crash, but a jury trial scheduled for March 6 was canceled when the settlement was reached. The settlement covers medical expenses for Ortiz, lost wages and diminished future earning potential. The council first approved the settlement May 12 in a session closed to the public.

Time limitations.

When an accident is caused by a government, or municipal worker during the course of business, the official agency can be sued by the accident victim.  There are specific statutes of limitations on these cases and an experienced attorney can help file the appropriate documents within those time constraints. After an accident victim files an administrative claim, the government agency or office has 45 days to respond. If the government agency denies the administrative claim during the 45 days, an individual has 6 months to file a court lawsuit from the date of denial, and if the government agency or office does not respond to the claim during the 45 days, an accident victim has 2 years from the accrual of the cause of action to file a court lawsuit.

Compensation.

Damages related to injury 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 medical care
  • Compensation losses
  • Pain and suffering
  • Loss of care, companionship

Seek legal counsel.

Seek legal counsel immediately after a car crash involving a government agency by contacting experienced legal counsel at the Law Offices of Jeffrey E. Estes & Associates. They can be instrumental in the financial recovery necessary to address personal injury and damages by acting within the time constraints set by a government entity.

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:

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

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