CALIFORNIA – November 17, 2020

A 35-year-old San Marcos man suffered fatal injury on Tuesday afternoon when he crashed while trying to pass an SUV on a two-lane road in Valley Center according to California Highway Patrol.  The fatally injured driver’s Acura TL sedan side swiped a Toyota Highlander that was carrying six children, before he lost control of his car subsequently hitting a utility pole, overturning, and hitting a tree resulting in fatal injury at the scene. On initial report, it seems the Acura’s high speed has some bearing on the accident.

When accidents are caused by blatantly negligent acts, such as reckless driving, distracted driving, driving at high rates of speed, or driving under the influence, they may result in an early finding of fault during the investigation. California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before filing a claim against their own no-fault insurance, and there is a two year time period to file a suit after an accident.

Accidental death insurance.

Accidental death benefits can sometimes be paid out if bodily injury causes the death of a policy holder during a car accident.  An experienced accident attorney can help surviving loved ones by reviewing insurance policies, and communicating with carriers to process accidental death 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.  It is always best to speak with a car accident attorney who understands insurance laws.

Insurance.

California car accident attorneys can answer questions about how the laws will affect the replacement of property and address personal injury when multiple vehicles are involved.  There is a two year time period to file a suit after an accident and experienced car accident lawyers can assist with legal action when negligence was involved causing the property damage in the car accident.

Damages.

  • 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.

Negligence.

California auto accident lawyers can prove other individuals, or entities cased the injury and owed a duty of care to victims in many cases.  It is important to seek legal counsel shortly after an accident.  Contact the Law Offices of Jeffrey E. Estes & Associates, who can assist after a motor vehicle accident results in property damage, or personal injury loss of life.

 

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://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

 

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/index.cfm

 

https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en

 

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

 

https://www.msn.com/en-us/news/us/driver-killed-in-crash-while-trying-to-pass-suv-in-valley-center/ar-BB1b78s4