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A pedestrian was hit by a car near the San Diego Zoo, who will pay for head trauma injuries?

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California – March 29, 2021

Brain injury after car accident.

Automobile accidents are responsible for at least half of reported traumatic brain injuries (TBI), and the Centers for Disease Control (CDC) reports that motor vehicle crashes are the leading cause of TBI, resulting in hospitalization.  Northbound Park Boulevard near the San Diego Zoo was the scene of an accident where a pedestrian was struck by a motor vehicle making a turn onto the roadway, according to San Diego police.  The pedestrian, thought to be in his early 20s, was pushed into the vehicle’s hood  and his head hit the front windshield of the car upon impact.  He was transported to a local hospital for treatment of his injuries, which seemed to be minor at first glance.  The driver of the vehicle that hit him remained at the scene and cooperated with law enforcement.  A car accident attorney can answer questions regarding options for compensation of injuries and related expenses.

Damages award.

Blunt trauma is a serious type of head injury that can occur in an automobile accident when a moving head strikes a stationary object like the windshield.  It is important for accident victims to receive proper diagnostic screening even when injuries seem minor because TBI, referred to as an invisible epidemic, may have caused more damage than is visible. Head injuries can have short and long term negative effects on accident victims and TBI-related disability can cause enormous financial burdens for victims and families.  If the personal injury litigation attorney is successful, a claim award will address the losses that include expenses for  medical treatment, future medical expenses, changes in life expenses, lost and future wages, and compensation for any future loss of companionship, comfort, and affection.

Car Insurance and liability.

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.  Under California law, “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…” meaning that if an individual is responsible for any part of activities that led to injury, compensation will be adjusted to a percentage of fault assigned to accident victims.  A personal injury attorney can advise in this type of accident case.

Hire an attorney.

Seek legal counsel immediately after a car crash involving pedestrian injury.  An experienced attorney who is familiar with California accident laws can be reached at the Law Offices of Jeffrey E. Estes & Associates, and will take action to build a winning personal injury case against the negligent driver.

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.cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html

https://www.sandiegouniontribune.com/news/public-safety/story/2021-03-29/pedestrian-hit-by-car-near-san-diego-zoo

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

https://statelaws.findlaw.com/california-law/california-negligence-laws.html

 

Can families recover accidental death benefits to cover funeral expenses in San Diego?

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California – March 30, 2021

A rollover crash on State Route 78 in San Marcos resulted in the death of the driver after the car left the highway and burst into flames.  According to California Highway Patrol, the crash occurred on Sunday around 8:30 p.m. and the driver was trapped inside the 2017 Dodge Challenger after it hit a metal signpost, rolled over and caught on fire.  He suffered fatal injury at the scene.  When solo car accidents occur, investigative teams will need to research the accident scene and the vehicle to determine the reasons for a crash.  If it was caused by construction, or some faulty roadway anomaly, or other non-driver related problem, such as motor vehicle malfunction, car accident attorneys may be instrumental in the recovery of damages in a wrongful death action.

Accidental death insurance.

The accidental death benefit, as part of a car insurance policy which may not be required,  pays for death expenses if, in a covered auto accident, bodily injury causes the death of a policy holder, or a covered family member died in a single vehicle crash.  An experienced accident attorney can help surviving loved ones by reviewing insurance policies, and communicating with carriers to process claims when necessary.  Since California is not a no fault state, but offers personal injury protection Med Pay coverages as an option, the policy’s death benefit may cover funeral expenses in advance of a settlement from any proven negligence involving another party, or entity. It is always best to speak with a car accident attorney who understands insurance laws.

Fault and time to file a claim. 

California is a “fault” state and victims can bring a claim against any other identified responsible parties before they file a claim against their own “no-fault” insurance.  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 another person’s negligence within California’s set timeline of two years.

Damages.

If negligence can be proven outside of the victim’s actions, even in a solo motor vehicle accident, California auto accident lawyers can assist survivors with damages, apart from accidental death benefit insurance claims.

  • Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
  • Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
  • Punitive damages may be considered but reckless, intentional, and egregious acts must have caused the harm.

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 results in fatal injury.

 

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:

 

Driver in Dodge Challenger Killed in Fiery Rollover Crash on Route 78 in San Marcos

 

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

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