Hit-and-Run Driver Fatally Strikes Disabled Man

Authorities believe that an SUV driver slammed into a 70-year-old man on a walker as he crossed the street.

The incident occurred shortly after 6 p.m. when the man, using a walker, attempted to cross Jamacha Boulevard near Pointe Parkway. At the same time, a dark-colored SUV was traveling westbound on Jamacha Boulevard and reportedly ran through a green light, in turn, striking the pedestrian. CHP said the impact caused significant damage to the vehicle, including damage to the windshield and the driver’s side mirror.

Following the crash, the driver of the SUV was reported to have made a U-turn before fleeing the scene eastbound on Jamacha Boulevard. Witnesses saw sparks were coming from underneath the vehicle as it sped away. Authorities later discovered that the walker, which had been used by the pedestrian, was missing from the scene. Emergency responders arrived shortly after the crash but despite their efforts, the pedestrian was pronounced dead at the scene.

The dark-colored SUV involved in the crash has been identified as a 2018-2024 Chevy Traverse, based on vehicle parts found at the scene.

Pedestrian Fatalities

The pedestrian death rate is about twenty times higher than the pedestrian traffic percentage. The fatality rate is so high because pedestrians are completely exposed to danger, accentuating the effects of injuries like:

• Exsanguination: Excessive internal bleeding is often the official cause of death in fatal hit-and-run cases. The motion of a pedestrian accident causes internal organs to smash and grind against each other. Because internal organs don’t have protective skin layers, slight abrasions often bleed uncontrollably.
• Head Injuries: The brain is roughly the size of an oversized coffee mug. So, the same motion that causes internal injuries causes the brain to slam against the inside of the skull. The violent motion causes permanent and degenerative injuries. Brain injuries kill tens of thousands of people a year, many due to brain injury-induced suicide.
• Broken Bones: These injuries are often indirectly fatal. If a small bone fragment pierces an internal organ, exsanguination is a likely result. Alternatively, the victim might have a pre-existing condition that significantly worsens a broken bone injury.

Even if a pre-existing condition contributed to the risk or severity of injury, a Carlsbad hit and run lawyer can still obtain full compensation, at least in most cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Hit-and-Run Legal Issues

Evidence is hard to obtain in most hit-and-run cases, but once the evidence is in palace, establishing liability is often straightforward.

The evidence problems mean that police officers don’t aggressively investigate hit-and-run cases, and prosecutors don’t aggressively take them to court. Usually, a credible witness must place the defendant behind the wheel at or near the time of the wreck. Such evidence is normally unavailable. Weak circumstantial evidence, like crash debris, doesn’t hold up in criminal court.

Such evidence might not hold up in civil court, either. But a Carlsbad personal injury lawyer only needs a bit more proof. The burden of evidence in a civil case is only a preponderance of the evidence (more likely than not). It’s more likely than not that a vehicle’s owner was also a vehicle’s driver. So, bringing the owner to court, perhaps because a camera a few blocks away captured a partial plate number, is just as good as bringing the driver to court.

In addition to video evidence, proof in a hit-and-run case includes additional witness statements and body shop records. In most cases, someone saw something and hit-and-run drivers take their vehicles somewhere for repair.

Technically, a full range of defenses are available in these cases. But most jurors hate most hit-and-run drivers. Since a legal defense seems more like an excuse, even the strongest defense rarely hits home with jurors.

In the unlikely event an attorney cannot prove negligence, hit-and-run victims usually have other legal options.

Connect With a Thorough San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

fox5sandiego.com/news/local-news/pedestrian-using-walker-killed-in-east-county-hit-and-run-chp/