CALIFORNIA – October 19, 2020
San Diego police reported that a 43-year-old pedestrian was hit by a pickup truck on Monday night in Mount Hope. The victim sustained injuries that included a fractured left femur and ankle, along with internal bleeding, according to the scene officer. The 58-year-old driver of a 2001 Ford F-150 was headed west near an off-ramp from Interstate 805 when he felt his truck hit something and he immediately stopped. The driver claimed he did not see the pedestrian who was wearing all black clothing and crossing the roadway in the middle of the street, not in a crosswalk, according to investigator reports. The San Diego Police Department’s traffic division is investigating the collision and do not suspect the driver was under the influence of alcohol or drugs. An experienced California car accident attorney can guide legal action for victims who have suffered personal injury.
The Governors Highway Safety Association’s (GHSA’s) report, “Pedestrian Traffic Fatalities by State: 2019 Preliminary Data,” projects that 6,590 pedestrians were killed on US roads in 2019. GHSA’s projection represents a 5% increase from 2018 in the number of pedestrian fatalities. California is among the states with the highest pedestrian fatalities. Accident attorneys understand that not all pedestrian deaths are 100% the fault of a driver, and can assist with legal action.
Fault, time to file and compensation.
Under California law, everyone is responsible, not only for the result of their own willful acts, but also for an injury, or wrongful death occurrence during the course of ordinary care. This means that if a driver is responsible for any part of activities that led to injury, the compensation will be adjusted in accordance with a percentage of fault assigned to each driver. If the pedestrian was found to be at fault for entering the driver’s path, it will be relevant to a personal injury claim for damages. California personal injury attorneys can apprise victims of timelines to submit insurance claims, or initiate legal action.
California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before filing a claim against their own no-fault insurance, and there is a two year time period to file a suit after an accident. Damages may include medical bills, future care, compensation loss, pain and suffering and loss of companionship, as well as funeral expenses for loss of life harms.
Seek legal counsel.
Accident victims, or loved ones of victims who are hit by a car, should seek legal counsel immediately by contacting the Law Offices of Jeffrey E. Estes & Associates. Skilled attorneys can be instrumental in the financial recovery necessary to address personal injury harms to pedestrians caused by a truck accident.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101