California – March 7, 2021

A woman lost control of her vehicle and hit a parked car in Lemon Grove after crossing the center median on Broadway before hitting a tree. She was transported to the hospital and succumbed to fatal injury.  There were no other passengers in the vehicle at the time.  The owner of the parked car can make a claim for damages with their insurance company and file against the driver’s policy as well.  A car accident attorney can answer questions regarding insurance claims for accidental death benefits that may defray costs of funeral and burial expenses, as well as claims for survivor’s benefits in some instances.

Fault determination.

California is considered a fault, or tort state with regard to motor vehicle accidents and the no fault portion of a driver’s insurance may address immediate expenses surrounding medical visits and burial expense in cases of fatal injury.  Families may file claims to compensate survivors for their loss and reimburse an estate for losses the deceased loved one suffered from the time of the accident until their death.  A California accident lawyer can review a driver’s policy to collect information to secure immediate payments until insurance claims and/or legal actions can be processed.   If outside factors caused the solo crash, additional parties may share some fault in the accident.

Pure comparative negligence.

California follows the pure comparative negligence law. This allocates fault between parties and will reduce any recovery accordingly. Each party’s negligence is compared to the others and damages are awarded based on that percentage of fault assigned to each driver. Personal injury attorneys can guide legal action after responsible parties are identified.

Statute of Limitations.

Individuals who have suffered harmful losses after a car accident should talk to an attorney to determine the timeline to file insurance claims, or any related legal action.  In California, the statute of limitations for motor vehicle accidents is two years, starting on the date of the accident, unless the accident resulted in the death of the victim.  This timeline may change if governmental vehicles are involved, or special circumstances prevail and an accident attorney can ascertain the time limitations for each case.

Hire an attorney.

Seek legal counsel immediately after a car crash resulting in death and property damage. An experienced attorney who is familiar with California motor vehicle and insurance laws should be contacted  at the Law Offices of Jeffrey E. Estes & Associates as a viable resource toward comprehensive damage recovery.

 

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.ca.gov/portal/vehicle-registration/insurance-requirements/

https://www.sandiegouniontribune.com/news/public-safety/story/2021-03-07/woman-dies-in-solo-crash-after-hitting-parked-car-in-lemon-grove

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

 

 

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *