Deadly Pedestrian Crash in Balboa Park

Few details were available after a driver ran over a pedestrian who was crossing a side street near the San Diego Freeway.

The crash was reported to the California Highway Patrol at 5:07 p.m. Saturday, February 1, at 17th and B streets, near the Pershing Drive off-ramp.

Entries in the CHP log indicate the crash involved a pedestrian struck by a vehicle. The Medical Examiner’s office was summoned to the scene at 5:38 p.m.

Evidence in Pedestrian Accident Claims

Initially, little evidence is usually available in pedestrian accident claims. Everything usually happens very quickly, and often at night. So, a Carlsbad personal injury lawyer cannot typically count on the police accident report, which is normally the best evidence in these cases. Such reports are usually incomplete or inaccurate, especially in fatal accident claims.

If the victim dies, the reporting officer only hears the tortfeasor’s (negligent driver’s) side of the story. Tortfeasors almost never lie. However, our eyes are not video cameras. We see and remember things selectively.

Additionally, even the most experienced emergency responder is not an accident reconstruction professional. Moreover, the report is usually based almost entirely on evidence immediately available at the scene.

So, before a lawyer files a case, or even thinks about filing one, a lawyer must thoroughly investigate the matter and, in most cases, form professional partnerships.

The investigation often focuses on the Event Data Recorder, an onboard computer similar to a commercial jet’s black box flight data recorder. Depending on the make and model, most EDRs measure and record information like:

• Vehicle speed,
• Engine RPM,
• Brake application, and
• Steering angle.

These bits of evidence might seem random and useless. But an accident reconstruction professional puts them together like the pieces of a jigsaw puzzle.

Other evidence in a pedestrian accident claim includes medical records and witness statements. Medical records are especially compelling in serious or catastrophic (life-threatening) injury cases. Although few eyewitnesses normally come forward immediately, in most cases, somebody saw something.

Damages Available

Evidence is important not only to prove a case. Typically, the more evidence a Carlsbad personal injury lawyer presents, the more compensation jurors award. This compensation usually includes money for economic and noneconomic losses.

Lost wages and medical bills, if applicable, are usually the largest components of economic damages in a pedestrian claim. The lost wages include current and future lost wages, which in many cases, is a substantial sum of money. Hospital stays average over $4,000 per day. At that rate, medical expenses pile up quickly.

Determining the amount of economic losses is often straightforward. To ascertain future lost ages, especially if the victim was a child, attorneys usually partner with accountants or other outside professionals.

Determining the amount of noneconomic losses, such as pain and suffering, is different. Most lawyers multiply the economic losses by two, three, or four, depending on the evidence in the case and a few other factors, such as applicable legal doctrines.

Comparative fault is one of the most common legal doctrines in pedestrian injury claims. This legal rule shifts blame for an accident from the tortfeasor onto the victim. If it applies, and that’s a big “if,” comparative fault could significantly reduce the amount of compensation the victim receives.

Reach Out to a Compassionate 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. We routinely handle matters throughout SoCal.

Source:

nbcsandiego.com/news/local/person-dies-in-san-diego-crash/3741702/