Motorcyclist and pedestrian suffer serious bodily injury in South Bay San Diego.
California – October 19, 2022
Two people were hospitalized after a motorcyclist hit a pedestrian who was crossing the street according to San Diego Police Department personnel. The rider of a 2003 Harley Davidson motorcycle traveling westbound near 1500 Palm Avenue in the Egger Highlands neighborhood hit a man who was crossing the street. Police say the motorcyclist was traveling through a green traffic signal and the pedestrian was not using the crosswalk when the crash occurred. The motorcycle rider suffered multiple abrasions, a broken leg, and an open fracture to his forearm, while the pedestrian suffered an ankle fracture, a laceration to his eye and an open fracture to his forearm as well. Both men were transported to a nearby hospital and the pedestrian’s injuries were later determined to be life-threatening according to law enforcement personnel. Accident victims or their loved ones, when fatal injury occurs may ask themselves “Where can I find attorneys near me?” when they need assistance with accidental injury and wrongful death claims caused by a motorcycle pedestrian crash in San Diego.
A California accident lawyer can help accident victims and surviving loved ones by reviewing insurance policies and communicating with carriers to process claims when necessary. Since California is not a no-fault state but offers personal injury protection Med Pay coverages as an option, a policy may cover funeral expenses in advance of a settlement from any proven negligence involving another party, or entity when fatal injury occurs. It is always best to speak with a San Diego accident attorney who understands insurance laws.
California is a “fault” state and victims can bring a claim against any other identified responsible parties before they file a claim against their own “no-fault” insurance. Motorcycle and pedestrian accident victims, or their families may file insurance claims, initiate legal action, or file wrongful death claims when an injured party dies because of another person’s negligence within California’s set timeline of two years.
Recoverable damage compensation.
If negligence can be proven outside of the victim’s actions, California accident lawyers can assist survivors with damages, and insurance claims. If an individual is injured but their death does not occur immediately, damages may include care and treatment up until the time they succumb to the accident injury.
- 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.
California Civil Code 3294 allows a jury to award punitive damages in a personal injury case, but the plaintiff must prove by clear and convincing evidence that the defendant’s conduct was found to be reckless, intentional, egregious, and harmful, resulting in the physical injury, or the wrongful death of a another person.
Legal action after harmful loss.
A California accident victim can take steps to minimize additional stress by hiring competent legal counsel to act on their behalf in court or communicate with insurance companies to recover a fair monetary settlement. Consultation with an experienced accident lawyer who understands the residual impacts and long term medical expenses associated with a traumatic bodily injury can guide damage valuation and compensation for each case.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101
- Two injured after motorcycle hits pedestrian in South Bay (msn.com)
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