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Hit-and-run driver finally arrested after Thanksgiving crash into San Diego bicyclist.

California – March 8, 2022

A bicyclist suffered fatal injury after he was hit by a car in Otay Mesa on Thanksgiving of last year. The driver did not stop, resulting in a warrant for his arrest. The 51-year-old Mexican citizen was detained when he crossed into the United States at the San Ysidro Port of Entry according to San Diego police. He was booked into San Diego Central Jail without bail, in connection to the death of the cyclist. The victim was riding his bike near Arey Drive near the Border View Family YMCA when he was struck. Officers found him in the street next to his bike and he was transported to the hospital where he succumbed to his injuries.

Criminal component.

Homicide detectives took over this case after traffic investigators suspected it was an intentional act based on tire tracks that appear a car had jumped the curb and chased the cyclist through the grass. In 2019, 38,800 people were killed in car accidents in the United States and over 50% of all road accidents globally involved pedestrians, motorcyclists, and cyclists. A San Diego personal injury attorney can provide guidance for victims who have lost loved ones after an automobile crash involving a bicyclist. When bicyclists are hit by motor vehicles, injuries can be minor, or catastrophic and fatal, and criminal negligence may be a factor through acts of speeding, DUI, distracted driving, and fatigued driving.

Hit-and-run.

If it is found that the driver of the car left the scene without assisting the injured bicyclist, criminal charges can be brought. An experienced accident attorney can help with the intricacies of a complex accident case by addressing criminal components such as hit-and-run actions, insurance policy coverages, degrees of fault and the severity of the accident damages toward a timely award.  A hit and run driver that causes serious bodily injury to another may be charged with a misdemeanor, or a felony.

If individuals are convicted of a misdemeanor violation under CVC 20001(b)(2), they may face a hit and run punishment of:

  • A minimum of 90 days and up to one year in jail,
  • A fine between $1,000 and $10,000 dollars, or
  • Both, imprisonment and a fine.

If individuals are convicted of a felony violation under CVC 20001(b)(2), they may face a hit and run punishment of:

  • Two, three or four years in prison
  • A fine between $1,000 and $10,000, or
  • Both, imprisonment and a fine.

Insurance.

California offers personal injury protection Med Pay coverages as an option to address injuries caused by a car accident, but it is always best to speak with a car accident attorney who understands insurance laws.   There is a two year time period to file legal action after an accident in California. Experienced car accident lawyers can build a case against negligent parties on behalf of injured parties, or their loved ones in cases of fatal injury.

Damages.

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

  • Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
  • Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
  • Punitive damages may be considered, but reckless, intentional, and egregious acts must have caused the harm.

Hire a lawyer.

California auto accident lawyers can prove other individuals, or entities caused an injury and owed a duty of care to victims in many cases. It is important to contact the Law Offices of Jeffrey E. Estes & Associates, who can assist after a motor vehicle accident results in property damage, personal injury, wrongful death.

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. Suspect arrested in fatal hit-and-run in Otay Mesa – The San Diego Union-Tribune (sandiegouniontribune.com)
  2. https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en
  3. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001
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