California – March 21, 2021

A 21-year-old University of San Diego student suffered fatal injury on Saturday resulting from a Friday night car accident near Linda Vista Community Park.  She was the second person to die of accident-related injuries, along with one of two teen drivers who was racing on Genesee Avenue.  Seven other people were injured in the crash that began with the drivers of a Toyota Camry and a Nissan Altima racing at a high rate of speed, causing a head-on collision with the 21-year-old driver of a 2020 Mazda.  According to law enforcement personnel, two passengers in the  Mazda suffered life-threating injuries.  Criminal defense and accident attorneys may be instrumental in the recovery of damages to accident victims.

Reckless driving action.

A reckless driving charge in California is considered a criminal act that comes with stringent penalties, and jail time in many cases. That statute states that “A person who drives a vehicle upon a highway in willful, or wanton disregard for the safety of persons, or property is guilty of reckless driving.”  Negligent drivers could face criminal charges from the State of California and civil legal action in order to compensate  victims for property damage, physical injury and wrongful death caused by the accident.  Accident victims, and their families should talk to a car accident attorney in order to build a case for damage recovery.

Fault and time to file a claim. 

California is a “fault” state and victims can bring a claim against responsible parties before they file a claim against their own “no-fault” insurance.  When criminal actions result in harm, proof of negligence may be easier to prove with the assistance of an experienced lawyer.  Car accident victims, or their families may file insurance claims, initiate legal action, or file wrongful death claims when an injured party dies as a result of an accident named in formal claims within California’s set timeline of two years.

Damages and parties to an action.

When multiple vehicles are involved in an accident that causes injury to several individuals, and wrongful death, there may be complicated insurance claims and drawn out legal actions involved.  A skilled personal injury attorney can guide victims’ actions and work with multiple insurance companies and attorneys to achieve the best outcomes for their clients.  Reckless driving charges may be filed against survivors, and estates of deceased individuals as a result of deadly car accidents.

Wrongful death.

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

  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering
  • Punitive damages that are intended to punish the person who caused the death.

Hire an attorney.

The Law Offices of Jeffrey E. Estes & Associates, and their experienced accident attorneys can assist with insurance claims and formal litigation efforts toward a comprehensive damage award after a catastrophic automobile accident that results in bodily harm and 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:

https://www.sandiegouniontribune.com/news/public-safety/story/2021-03-21/woman-dies-following-head-on-crash-in-linda-vista

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23103.

https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/

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