Can the family of a pedestrian killed by a 21-year-old driver in San Diego sue for damages?

A 28-year-old man was struck by a car and killed Thursday night in San Diego’s Jamacha-Lomita neighborhood, and police temporarily detained a 21-year-old man suspected of driving a short distance away from the crash, police said.  Police said the 21-year-old man was driving a BMW sedan west on Jamacha Road when he struck the victim, who was walking west in the eastbound lanes. Medics took the victim to a hospital where he died. Patrol officers detained the driver and evaluated him for drugs and alcohol.  He was released pending further investigation when it was found that he was not intoxicated.

Car Insurance.

California law requires that you drivers have a way to cover costs related to damages or injuries caused in car accidents. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.

The minimum amount of liability insurance you must have on your policy is:

  • $15,000 for injury/death to one person.
  • $30,000 for injury/death to more than one person.
  • $5,000 for damage to property.

Comparative Negligence. 

Under California law, “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…” meaning that if you were responsible for any part of activities that led to injury, the compensation you will receive will be adjusted in accordance with a percentage of fault assigned to you.  If the accident was caused due to a hit-and-run accident which carries criminal charges, that case may have bearing on the outcome of the personal injury, or wrongful death case.


Damages include compensation for replacement or repair of property, costs incurred from medical professionals treating injuries, loss of wages, changes in lifestyle, pain and suffering and wrongful death claims including funeral expenses and future financial losses to family members and pain and suffering due to loss.

Hire an attorney.

Seek legal counsel immediately after a hit-and-run car crash that takes your loved one’s life. It is in your best interests to consult with an accident lawyer to help sort through a wrongful death claim after the state has resolved the hit-and-run charge from leaving the scene of an accident.  Hire an experienced attorney who is familiar with personal injury laws in California by contacting the Law Offices of Jeffrey E. Estes & Associates, who can assist with a wrongful death case against the negligent driver.


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



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