California – November 28, 2020

A bicyclist suffered fatal injury after a collision with a motor vehicle near an Encinitas intersection, when that vehicle was turning onto Moonstone Court according to San Diego Police.  Bystanders attempted to render aid to the cyclist who was taken by ambulance to Scripps Memorial Hospital in La Jolla where he succumbed to his injuries.

When cyclist fatalities occur as a result of a car accident, a wrongful death attorney may be of assistance.  California families of accident victims, where over 3,500 lives were claimed in 2018, may have questions about how the laws will affect the recovery of compensation to cover harmful losses. Legal counsel has the experience to research all relevant accident laws for individual claims, and can digest that information in support of a case, while tracking governmental agency and court filing timelines.

Car Insurance and liability.

California law requires that drivers have a way to cover costs related to damages, or injuries caused by a car accident.  Under California law, everyone is responsible, not only for the result of their willful acts, but also for an injury, or wrongful death occurrence during the course of ordinary care. When wrongful death occurs in California, a personal injury attorney can assist family members with the recovery of damages. The recovery of damages is contingent upon California auto accident lawyers proving another individual, or entity was the cause of the injury and owed a duty of care to the victim.

Wrongful death.

A wrongful death legal action can be brought by loved ones when a person dies because of the negligent, reckless, or deliberate act of another.  Damages in these lawsuits can include:

  • Medical bills.
  • Funeral and burial expenses,
  • Compensation for present and future lost wages,
  • Compensation for the pain and suffering,
  • Punitive damages that are intended to punish the person who caused the death.

Punitive damages.

Under California law, it is rare that punitive damages are considered and will be based on occasions where an individual’s actions were found to be reckless, intentional, egregious, and harmful resulting in the injury.

Hire legal counsel.

Seek legal counsel at Jeffrey E. Estes & Associates immediately after a fatal accident involving a motor vehicle and a bicycle. They can proceed in filing a wrongful death action within the two-year statute of limitations period from the date the person died as a result of a driver’s negligent actions.

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

https://www.10news.com/news/local-news/north-county-news/cyclist-killed-in-collision-with-vehicle-in-encinitas

https://california.public.law/codes/ca_civ_code_section_3294

https://www.iihs.org/topics/fatality-statistics/detail/state

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