California – March 14, 2021

Current data reveals 6,590 pedestrians were killed on U.S. roads in 2019, a 5% increase from 2018 and the continuation of a trend starting in 2009.  A pedestrian was struck and killed by a speeding car in a residential neighborhood of El Cajon. The victim was crossing the 1000 block of South Anza Street to his parked car about 9:55 p.m. Friday when a gray 2020 Infiniti sedan speeding northbound struck the man, throwing him approximately 180 feet from the crash scene and into a nearby yard, according to an El Cajon Police Department Officer.  The speeding Infiniti continued northbound until it crashed into a parked vehicle in the 800 block of South Anza Street, Taub said.  The driver remained at the car crash scene, which was a few blocks from the area where the pedestrian was hit.  It is unclear whether the victim, described only as a man in his 20s, was in a marked crosswalk at the time of the crash.  An experienced car accident attorney can be instrumental in damage recovery for an accident caused by a hit-and-run driver in California.

Wrongful death.

A wrongful death legal action can be brought by loved ones during the two year statute of limitations after 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.

Hit-and-run.

 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.

Fault.

California is a “fault” state and victims can bring a claim against the responsible party before they file a claim against their own “no-fault” insurance.  There is a two year time period to file a suit after an accident.   A California car accident attorney can help victims of loss understand the mechanisms utilized for monetary recovery valuations.  California law requires that drivers have a way to cover costs related to damages, or injuries they have caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.

Damages award.

If the personal injury litigation attorney is successful, a claim award will address the wrongful death losses that include survivor’s changes in life expenses, lost and future wages, and compensation for any future loss of companionship, comfort, and affection, as well as funeral and burial expenses.

Hire a lawyer.

Victims of accidents caused by illegal actions should contact legal counsel immediately after a car crash involving a hit-and-run and speeding charges that results in wrongful death loss.  An experienced attorney who is familiar with hit-and-run laws in California can be reached at the Law Offices of Jeffrey E. Estes & Associates.

 

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

https://timesofsandiego.com/crime/2021/03/13/pedestrian-in-his-20s-struck-killed-by-speeding-infiniti-sedan-in-el-cajon/

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/index.cfm

https://www.greencarcongress.com/2020/03/20200302-ghsa.html

 

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