San Diego passenger suffered fatal injury when suspected DUI driver was speeding.

California – February 6, 2023

A rollover accident in downtown San Diego claimed the life of a 26-year-old woman who was a passenger in a speeding 2003 Toyota traveling northbound on 1200 First Avenue in the early morning hours.  The 24-year-old driver was traveling at a high rate of speed when the car struck a guard rail abutment near the Civic Center Parkcade ramp causing a rollover crash, according to reports from San Diego Police representatives. The passenger was ejected and suffered head injuries that led to her death at the scene. The driver was arrested after exhibiting signs of driving under the influence. Surviving loved ones should contact a California wrongful death lawyer to determine next actions to secure funding for unexpected funeral and burial costs, and harmful loss recovery.

DUI impact on civil case.

Driving while intoxicated is a criminal act that comes with stringent penalties and jail time in many cases. A negligent party will most likely face criminal charges from the State of California and civil legal action in order to compensate victims for property damage, physical injury and loss of life caused by the accident.  Victims who have suffered loss caused by a reckless, drunk driver should talk to a car accident attorney to build a case for damage recovery.  Negligence may not be difficult to prove based on the criminal actions that caused the car accident, but legal representation may yield a comprehensive damage award when someone suffers fatal injury through criminal DUI that caused the car accident.

Wrongful death.

Damage recovery for wrongful death legal action initiated by loved ones during the two year statute of limitations after a person dies because of negligent, reckless, or deliberate actions of another may include:

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

Families may file both wrongful death claims to compensate survivors for their loss, along with survival actions to reimburse an estate for losses the deceased loved one suffered. A survival action could compensate an estate for lost wages, medical bills and personal property damages the victim incurred.

Fault state. 

Driving under the influence is a negligent driver action in the State of California and may result in personal injury, property damage, and death.  California is a “fault” state and victims can bring a claim against responsible parties before they file a claim against their own “no-fault” insurance.  Car accident victims, or their families may file insurance claims, initiate legal action, or file wrongful death claims when an injured party dies as a result of the accident named in formal claims within California’s set timeline of two years.

Hire an attorney.

A California accident attorney can have influence on the acceptance of insurance awards that barely cover the impacts of wrongful death, and accessibility to expedient payments for funeral and burial expenses. The Law Offices of Jeffrey E. Estes & Associates, and their experienced accident attorneys can assist with insurance claims and formal litigation efforts toward a comprehensive damage award for wrongful death caused by DUI.

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. Downtown San Diego crash leaves one dead, prompts road closures (fox5sandiego.com)
2. https://www.dmv.ca.gov/portal/wcm/connect/a299397a-aad1-4022-a3b2-cedc548339d9/DUI_Fact_Sheet_2003-2013.pdf?MOD=AJPERES
3. https://www.dmv.org/ca-california/automotive-law/dui.php
4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152