Elderly suburban San Diego man tragically dies in pedestrian accident
The victim of a January 2014 pedestrian accident was an 89-year-old National City, Calif., widower on his morning walk.
February 15, 2014 /24-7PressRelease/ -- Elderly suburban San Diego man tragically dies in pedestrian accident
Article provided by Law Offices of Robert Hamparyan
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The San Diego Union-Tribune describes the victim of a January 2014 pedestrian accident as an 89-year-old National City, Calif., widower on his morning walk, a route that sometimes takes him to church and past the graveyard of his deceased wife. Tragically, the man was allegedly hit while on the sidewalk and dragged by a vehicle driven by a man on parole who has been charged with driving under the influence of cocaine.
The 57-year-old driver, who has a long criminal record, has pleaded not guilty to vehicular manslaughter with gross negligence and DUI drugs causing injury in this incident. 10NEWS.com reports that he could be sentenced to 14 years imprisonment if he is found to be guilty.
Negligence per se
In California, when a driver is found to have violated the law in an act that harmed another person, the violation creates a presumption that he or she acted negligently in causing the injury or death. Such a presumption of negligence is called negligence per se.
Potential civil lawsuits
Evidence of negligence can be an important factor in establishing pedestrian accident liability in a civil lawsuit for damages either for personal injury should the victim survive, or for wrongful death for the surviving family should the victim pass away, as in the National City incident.
In addition to one for wrongful death, another potential suit in a fatal accident caused by the negligence or recklessness of another is a survival action in which the representative of the victim's estate may sue on behalf of the victim for the injury he or she suffered before the moment of death. A survival suit and a wrongful death suit may normally both be brought in California.
Seek solid legal advice
While the recent National City death is a shocking story, it may represent an occurrence all too common in the Golden State. According to the California Department of Public Health, almost one-fifth of "traffic fatalities are pedestrian related ... approximately 58 percent more than the national average."
Whether the cause for a high incidence of pedestrian accident deaths in California is related to the pleasant weather for walking, the local emphasis on health and exercise or something else, anyone injured in such a collision should speak with an experienced pedestrian accident attorney as soon as possible for advice and representation. The same goes for the surviving family members of a deceased victim of such an accident.
The reasons for engaging a skilled personal injury lawyer are numerous. Your attorney can take the reins in dealing with the insurance companies involved. In addition, legal counsel can launch an investigation of the matter on your behalf to uncover important evidence for trial.
Be sure you understand your legal rights and potential legal remedies in any California pedestrian accident injury or death.
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