A 28-year-old man was arrested on suspicion of DUI after fatally hitting a bicyclist in the Alta Vista area of San Diego on Wednesday night. According to a report by the California Highway Patrol, the accident happened at about 9:15 p.m. May 13, in the 6000 block of Paradise Valley Road near Munda Road. A 52-year-old man was riding his bicycle westbound along the shoulder of Paradise Valley Road when he was struck from behind by a sedan driven by a 28-year-old man.

Criminal and civil action.

The bicyclist was seriously injured in the accident and was transported to an area hospital where he died while undergoing treatment. The driver of the sedan was arrested on suspicion of DUI.  Police reports indicated that the driver was under the influence of alcohol and drugs.  When DUI can be proven, there is civil case for negligence supported by California criminal laws against drunk driving.

Drunk driving accidents.

Driving under the influence of alcohol is a serious offense in the State of California and if injuries, damages, or wrongful death occurred as a result, a DUI experienced personal injury attorney can help with a claim for compensation and a wrongful death action. When drunk driving accidents occur, responsibility in a personal injury case will be determined by the judge, or jury after it is proven that the plaintiff was negligent; and the plaintiff’s negligence was a substantial factor in causing the resulting  injuries and damages.

Damages, insurance and liability.

If the personal injury or wrongful death lawsuit is successful, the claim will address the losses to the surviving family including funeral expenses, lost and future wages, and compensation for the loss of companionship comfort and affection.  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 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.

Seek experienced legal counsel.

Seek counsel at Jeffrey E. Estes & Associates immediately after a fatal accident ,where a driver was ignoring California laws against driving while under the influence of alcohol or drugs.  They can proceed in filing a wrongful death action within the two-year statute of limitations period from the date a person died as a result of a drunk driver’s 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://www.dmv.org/ca-california/automotive-law/dui.php

https://www.sandiegouniontribune.com/news/public-safety/story/2020-05-14/bicyclist-dies-after-being-hit-by-car-in-paradise-valley-driver-arrested-on-suspicion-of-dui

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