A 22-year-old driver pleads not guilty for a fatal DUI crash in San Diego.
California – March 8, 2023
An Oceanside resident who pulled over on the side of Route 78 West of Emerald Drive was fatally injured while changing a flat tire. According to authorities at the scene, a Buick sedan driven by a 22-year-old Oceanside woman swerved and struck the center divider where the victim was standing, further striking him and his car causing fatal injury at the scene on February 26, 2023. The accused DUI driver faces up to 10 years in state prison if convicted of all charges, according to the San Diego County District Attorney’s Office.
DUI impact to civil suit.
Driving while intoxicated is a criminal act that comes with stringent penalties and jail time in many cases. A negligent party will most likely face criminal charges from the State of California and civil legal action in order to compensate victims for property damage, physical injury and loss of life caused by the accident. Victims who have suffered loss caused by a reckless, drunk driver should talk to a car accident attorney to build a case for damage recovery. Negligence may not be difficult to prove based on the criminal actions that caused the car accident, but legal representation may yield a positive result when there are multiple injured victims, and a criminal reason that resulted in the car accident.
California fault state.
Driving under the influence is a negligent driver action in the State of California and may result in personal injury, property damage, and death. 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. 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 the accident named in formal claims within California’s set timeline of two years.
Wrongful death.
Damage recovery for wrongful death legal action initiated by loved ones during the two-year statute of limitations after a person dies because of negligent, reckless, or deliberate actions of another may 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.
Families may file both wrongful death claims to compensate survivors for their loss, along with survival actions to reimburse an estate for losses the deceased loved one suffered. A survival action could compensate an estate for lost wages, medical bills and personal property damages the victim incurred.
Recoverable damages and parties to an action.
A skilled personal injury attorney can guide victim’s actions and work with multiple insurance companies and attorneys to achieve the best outcomes for their clients. A DUI charge will impact a negligence defense for these types of car accidents.
Hire an attorney.
A California accident attorney can greatly influence an insurance award to comprehensively cover the impacts of wrongful death, and accessibility to expedient payments for funeral and burial expenses. The Law Offices of Jeffrey E. Estes & Associates, and their experienced accident attorneys can assist with insurance claims and criminal and civil litigation for wrongful death caused by DUI.
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:
Leave a Reply
Want to join the discussion?Feel free to contribute!