SUV Driver Kills Encinitas Pedestrian
Few details were available after a 37-year-old man died in a pedestrian accident in San Diego County.
The crash occurred about 8:30 p.m. on El Camino Real north of Encinitas Boulevard. The man reportedly ran east across the road, mid-block, while a Hyundai Santa Fe SUV was headed north, sheriff’s Lt. David LaDieu said.
Deputies and paramedics rendered aid before the man was taken to a hospital, where he died, Deputy Erik Plocki said.
Pedestrian Injuries
Pedestrian fatalities are usually higher in November and December, especially in warm weather areas like SoCal. More people are out walking during the holidays, and the days are very short.
These pedestrians usually sustain very serious injuries in these collisions. Pedestrians, unlike vehicle occupants, have no safety restraint systems to protect them. Some of these serious injuries include:
- Head Injuries: The motion of a pedestrian crash, as opposed to a trauma impact, often causes a head injury. The brain, which isn’t much larger than a coffee mug, slams against the skull when these victims fall. This brutal impact usually causes permanent injuries. Dead brain cells never regenerate.
- Broken Bones: The severe trauma of a pedestrian crash usually shatters bones. These severe injuries require aggressive reconstructive surgery. As a result, physical therapy is much longer, more difficult, and expensive. Even after physical therapy is complete, many victims have lingering issues, such as lost range of motion in a knee.
- Nerve Injuries: When pedestrian accident victims fall, they usually extend their arms to brace themselves. This natural reaction usually causes nerve injuries in the brachial plexus bundle under the arms. This injury normally causes permanent paralysis, normally in the face and shoulder.
Most pedestrian accidents occur outside marked crosswalks, which means the tortfeasor (negligent driver) is traveling at or near top speed at the moment of impact.
The medical bills in a catastrophic (life-threatening) injury case normally exceed $100,000. Health insurance companies normally don’t cover injury-related expenses. So, to ensure that families aren’t stuck with a very big bill, a Carlsbad personal injury lawyer usually connects victims with top doctors who charge nothing upfront.
Liability Issues
Non-crosswalk pedestrian accident claims are normally very complex, because of the sudden emergency defense. However, we’re getting a little ahead of ourselves. Before insurance company defenses come into play, a Carlsbad personal injury lawyer must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Operator impairment or aggressive driving, or a combination of the two, cause about 98 percent of the car accidents in California. Operator impairment examples include driving while fatigued and driving under the influence of alcohol or drugs. Speeding is the most common kind of aggressive driving, followed by turning unsafely and running a red light.
If driver negligence substantially caused a car wreck, a Carlsbad personal injury lawyer can obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Now, for the sudden emergency defense. This defense, which is very common in non-crosswalk pedestrian accidents, has two basic elements:
- Reasonable reaction to
- A sudden emergency.
Most drivers reasonably react in these situations. They pull over, help victims if possible, and wait for emergency responders to arrive.
The second prong is very difficult to prove. Usually, “sudden emergency” means the same thing as “act of God.” Jaywalking pedestrians, even if they run into traffic, aren’t sudden emergencies. Instead, this label only applies to earthquakes, lightning strikes, and other completely unanticipated events.
Work With a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. We do not charge upfront legal fees in these matters.
Source:
encinitasadvocate.com/news/story/2023-11-10/man-37-dies-after-being-hit-by-vehicle-in-encinitas
