CALIFORNIA – November 18, 2020

A 41-year-old man working in a construction zone on state Route 94 in Spring Valley suffered fatal injury after he was hit by a car that drifted into a closed lane.  A 24-year-old woman allowed her car to drift into the outside lane where a road crew was making repairs.  The Granite Construction subcontracted worker was in front of a rolling truck used to repave a lane when he was hit by a 2018 Mitsubishi Mirage.  The crash was reported shortly after 12:10 a.m. on eastbound SR-94 just east of Avocado Boulevard, according to California Highway Patrol Officer Travis Garrow. The victim suffered fatal injuries at the scene before he could be taken to a hospital.

When accidents are caused by 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.

Workers’ compensation.

When a person suffers fatal injury on the job, family members, or legal representatives can make a worker’s compensation claim for monetary damages. Injuries may be caused by an accident and the California Department of Industrial Relations outlines steps to be taken in these cases.

Wrongful death.

A wrongful death legal action can be brought by loved ones when a person dies because of the negligent, reckless, or deliberate act of another.  Damages in these lawsuits can include:

  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering
  • Punitive damages meant to punish the person who caused the death.

An experienced accident attorney can help surviving loved ones by reviewing insurance policies relevant to workers’ compensation claims and car insurance claims by communicating with carriers to process accidental death and wrongful death claims when necessary.  Since California is not a no fault state, but offers personal injury protection Med Pay coverages as an option to cover unexpected 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.

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://www.dir.ca.gov/workers%27_comp.html

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.sandiegouniontribune.com/news/public-safety/story/2020-11-18/construction-worker-hit-killed-on-sr-94-in-spring-valley