Can the family of a pedestrian who was killed by a DUI driver in San Diego take legal action?

California – October 3, 2022

San Diego police have reported that a suspected DUI driver struck and caused fatal injury to a pedestrian after he was traveling at a high rate of speed in the Bankers Hill area. The 30-year-old male driver of a Penske truck heading north on 1800 Fifth Avenue veered to the right, swiped a parked vehicle, and then went up on the curb and hit a male pedestrian who was sitting there before hitting a building. The pedestrian suffered fatal injury at the scene and the driver suffered significant facial injuries and was transported to the hospital for care. The police determined that alcohol was a factor in the crash. If drunk driving can be proven, there may be a case for a drunk driving lawyer to build on claims of negligence supported by California DUI laws. Out of the 5578 fatal and injury accidents that occurred in San Diego in 2019, 709 were related to alcohol.

Car Insurance and liability covers some payment of awards.

California law requires that drivers have a way to cover costs related to damages or injuries caused in car accidents. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.

The minimum amount of liability insurance you must have on your policy is:

$15,000 for injury/death to one person.
$30,000 for injury/death to more than one person.
$5,000 for damage to property.

Comparative Negligence.

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 you were responsible for any part of activities that led to injury, the compensation you will receive will be adjusted in accordance with a percentage of fault assigned to you. If the accident was caused due a DUI accident which has criminal charges, that case may have bearing on the outcome of the personal injury, or wrongful death case. If a criminal offense, such as a DUI, or speeding, or both, caused the accident, a San Diego car accident attorney will be able to assist surviving loved ones in the recovery of necessary damages to cover accident-related expenses and disruptions to their lives, especially if loved ones suffered fatal injury.

Financial awards.

Damage awards include compensation for replacement or repair of property, costs incurred from medical professionals treating injuries, loss of wages, changes in lifestyle, pain and suffering and wrongful death claims including funeral expenses and future financial losses to family members and pain and suffering due to loss. Because the compensation will be based on the award set by a court of law, it is important for families to collect scene reconstruction reports, police reports and other records related to the accident.

Hire an attorney.

Seek legal counsel immediately after a DUI car crash that takes the life of a loved one. It is in a family’s best interests to consult with a lawyer to sort through a wrongful death claim after the state has resolved the DUI charges. Hire an experienced attorney who is familiar with personal injury laws in California by contacting the Law Offices of Jeffrey E. Estes & Associates, who can assist with a wrongful death 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: