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San Diego bicyclist suffers fatal injury after being hit by an ice cream truck.

California – March 24, 2022

A bicyclist suffered fatal injury at the scene of a crash with an ice cream truck near a North County intersection.  The 63-year-old driver of a Ford ice cream truck struck a 26-year-old man on a bicycle as he was turning onto West Mission Road from Pico Avenue in San Marcos, according to the San Diego County Law Enforcement. The truck driver did not appear to be injured.  According to witnesses at the scene the truck was turning with a green light and the bicyclist, who was not wearing a helmet, was moving southwest across an intersection against a red light. The department said alcohol is suspected to be a factor in the deadly crash and an investigation is underway. A personal injury attorney will research all relevant accident laws for individual claims, and can digest that information in support of a civil case with a criminal component of DUI, to initiate a claim for compensation for catastrophic injury and wrongful death claims when warranted.

DUI criminal negligence.

Alcohol-impaired driving (DUI) fatalities decreased 4.5% from 1,116 in 2018 to 1,066 in 2019, but the seriousness of driving while intoxicated seems to go unnoticed by many drivers resulting in untimely loss for many Californians.  Severe verdicts in the associated criminal action may impose more severe penalties on the driver to include jail time, fines, penalties, loss of a driver’s license, ignition interlock device installation, and result in a higher damage compensation award in any civil cases related to the same accident.  A drunk driving accident attorney can apprise accident victims on possible outcomes and court timelines that must be followed in each case.

Comparative Negligence. 

California law requires all drivers to be responsible for their actions and damage compensation is adjusted in accordance with a percentage of fault assigned to each driver involved in a crash. If the accident was caused by driving under the influence of alcohol, or other drugs, a DUI, or drug-related criminal conviction may have some bearing on the outcome of the civil actions initiated, insurance carrier responsibility and comprehensive compensation.  A San Diego injury attorney can advise in this type of case regarding a request for an award of economic, non-economic, and punitive damages.  In California it is rare that punitive damages are considered and will be based on occasions where an individual’s actions were found to be reckless, intentional, egregious, and harmful resulting in the injury.

Wrongful death.

When vehicle accidents result in fatal, a wrongful legal action can be brought by loved ones based on negligent, reckless, or deliberate acts of another.  Damages in these lawsuits can include:

  • Medical bills and expenses for treatment of the injury.
  • Funeral and burial expenses,
  • Compensation for present and future lost wages,
  • Compensation for the pain and suffering of the victim from the date of injury,
  • Punitive damages that are intended to punish the person who caused the injury that led to death.

Hire an attorney.

When families lose a loved one in truck accident, they may wonder – – “Where can I find attorneys near me who can help?” Immediately after a fatal truck crash resulting in fatal injury, surviving loved ones should contact experienced attorneys at the Law Offices of Jeffrey E. Estes & Associates, who can be resourceful in the civil action against the negligent driver and assist with timely access to insurance funds to pay for unexpected funeral and burial expenses.

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. https://fox5sandiego.com/traffic/bicyclist-killed-in-crash-with-ice-cream-truck/
  2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152
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