Fatal Pedestrian Crash in Otay Mesa
Few details were available following a deadly pedestrian accident on the Otay Mesa Freeway in December 2024.
Two vehicles were involved in the crash which was reported to the California Highway Patrol at 9:25 p.m. Tuesday on the eastbound Otay Mesa Freeway west of Picador Boulevard.
Pedestrian Injuries
Since they have no steel cages or advanced restraint systems to protect them during collisions, pedestrians often sustain catastrophic (life-threatening) or fatal injuries, such as:
- Head Injuries: The motion of a pedestrian wreck often causes head injuries. When pedestrian accident victims fall and land hard, their brains slam against the insides of their skulls. This motion-related head injury is on top of any trauma-related head injury, making these wounds especially difficult to treat.
- Broken Bones: High-speed freeway pedestrian accidents often crush the victims’ bones. As a result, they need extensive surgical treatment, and physical therapy is much longer and more difficult. These complexities drive up medical bills, which are high enough to begin with.
- Internal Injuries: The aforementioned motion causes internal organs to grind and smash against one another. Kidneys and other internal organs don’t have protective skin layers. So, a small cut or abrasion bleeds badly.
We mentioned the high medical bills in these cases. Usually, medical expenses, which often exceed $40,000 in a serious pedestrian injury case, are the largest component of economic losses in a pedestrian accident claim. These victims are entitled to compensation for these out-of-pocket losses. A Carlsbad personal injury lawyer can also obtain compensation for noneconomic losses, such as pain and suffering.
Your Claim for Damages
A San Marcos personal injury lawyer builds a pedestrian injury claim on solid evidence and sound legal theories.
Evidence in a pedestrian accident claim usually includes the police accident report, witness statements, and medical bills.
Because of the size of these bills, medical bills may be the most important part of the evidence in a personal injury case. However, these bills are often incomplete. Most medical bills aren’t self-proving. Victims aren’t entitled to compensation for medical expenses which were not reasonably necessary. Furthermore, many medical bills include no information about the victim’s pain level or other data relevant to noneconomic losses.
Frequently, a San Marcos personal injury lawyer partners with an independent physician who reviews the file and fills in these gaps.
Legal issues sometimes affect pedestrian injury claims as well, such as the sudden emergency defense. This defense is especially common in freeway injury claims. In these cases, insurance company lawyers often argue that the victim “darted out into traffic” and the tortfeasor (negligent driver) couldn’t avoid the ensuing crash.
Usually, however, the sudden emergency defense doesn’t apply in these cases. A jaywalking pedestrian is a predictable, everyday hazard. Therefore, because of the duty of care, motorists must be on their guard in these cases.
Although these cases are complex, they usually settle out of court. These resolutions end cases sooner, so victims can move on with their lives sooner. That’s the ultimate goal of all personal injury cases.
Connect With a Dedicated San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
sandiegouniontribune.com/2024/12/26/pedestrian-hit-and-killed-on-otay-mesa-freeway/
