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A man was fatally injured in San Diego after being struck by a Honda sedan.

California – January 29, 2023

A 67-year-old National City resident suffered fatal injury after being struck by a Honda sedan that was traveling on East 11th Street in National City.  The driver of the vehicle stopped and called 911 and first responders transported the fatally injured man to Scripps Mercy Hospital Emergency Department where he received unsuccessful lifesaving measures.  Surviving loved ones of accident victims who are hit by a car and suffer fatal injury may wonder when they should contact a California wrongful death lawyer to help with access to insurance funds to pay unexpected funeral and burial expenses and address any negative impacts to surviving family’s livelihood.  If distracted driving can be proven, there may be a case for negligence supported by California distracted driving laws.

San Diego has high pedestrian fatality rates.

For several years, California has seen the most pedestrian deaths in the country. The California Office of Traffic Safety found that pedestrian fatality rate in California is 25% higher than the national average.  The Governors Highway Safety Association found that California recorded 958 deaths in 2021. That is down 6% when the state recorded 1,026 deaths. Some safety tips for people out walking: wear bright-colored clothes, carry a flashlight at night, always walk on the sidewalks, look before you cross the street.

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.  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 significant role in a vehicle accident.  The 2016 Assembly Bill 1785  was meant to discourage drivers from holding an electronic device while operating a vehicle.

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 and expenses for treatment of the injury up until the time of death,
  • Funeral and burial expenses,
  • Compensation for present and future lost wages,
  • Compensation for the pain and suffering of the victim from the date of injury,
  • Punitive damages that are intended to punish the person who caused the death.

In personal injury cases, the recovery of damages is contingent on proving another individual, or entity was the cause of the injury and owed a duty of care to the victim.  If a California wrongful death attorney is successful, an insurance settlement claim or jury award will address the losses experienced by surviving loved ones caused by the fatal accident.

Hire an attorney.

Talk to an attorney as soon as possible after a car crash involving pedestrian death, as they are familiar with California accident laws. The Law Offices of Jeffrey E. Estes & Associates will take action to build a winning personal injury case against the negligent driver. California law requires that drivers have a way to cover costs related to damages, or injuries they have caused in a car accident and legal counsel can communicate with insurance companies on a victim’s behalf to secure damage compensation for injuries.

 

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:

  1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001
  2. Bill Text – AB-1785 Vehicles: use of wireless electronic devices. (ca.gov)
  3. Authorities Release Name of Pedestrian Fatally Hit by Car in National City (msn.com)
  4. https://fox5sandiego.com/traffic/fatal-pedestrian-hits-becoming-frequent-in-san-diego-county/
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