CALIFORNIA – 10/18/2020

Car accidents are common in San Diego, often leading to exorbitant medical bills, lost wages due to missed time from work, pain and suffering, and funeral expenses related to wrongful death in some cases.  A 28-year-old Alpine man was arrested on suspicion of driving while impaired after crashing his pickup into a tow truck parked on the shoulder of state Route 125 in La Mesa, leaving his passenger fatally injured at the scene.  No one else was injured in the accident, but the driver was arrested on suspicion of felony DUI and booked into the San Diego County Jail.

Time limitations.

When an accident involves  government, or municipal vehicles during the course of business, the official agency can be sued by the accident victim.  There are specific statutes of limitations on these cases and an experienced attorney can help file the appropriate documents within those time constraints. Alternately, if the truck was a commercial vehicle, then supporting commercial vehicle laws will be utilized in causes of action.

 Fault.

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, or wrongful death, the compensation will be adjusted in accordance with the assignment of  fault to each driver.  An experienced attorney can initiate a wrongful death legal action within California’s two year statute of limitations.

 Criminal component.

When an accident is caused by a criminally negligent act, such as driving under the influence, criminal action will ensue in addition to civil legal action for wrongful death. Experienced car accident lawyers can work through the intricacies of a complex accident case by addressing the cited criminal components, responsibility of insurance coverage, degrees of fault and the severity of the accident damages toward a timely award.   A wrongful death legal action can be filed in court when a person dies because of the negligent, reckless, or deliberate act of another.  Only certain people are allowed to file a wrongful death lawsuit in California including:

  • the deceased person’s surviving spouse,
  • the deceased person’s domestic partner,
  • the deceased person’ s surviving children,
  • if there is no surviving person in the deceased person’s line of descent, then a wrongful death lawsuit may be brought by anyone “who would be entitled to the property of the decedent by intestate succession”, including the deceased person’s parents, or the deceased person’s siblings.

Hire a lawyer.

 Seek legal counsel immediately after a motor vehicle accident resulting in death and possibly caused by DUI at the Law Offices of Jeffrey E. Estes & Associates. They can be instrumental in the financial recovery necessary to address harmful loss of life impacts to surviving loved ones and relevant 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:

 

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=945.6

 

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=912.6

 

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=912.4

 

https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

 

 

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