[12-06-2024] Los Angeles County, CA – Jorge Garcia Identified as the Pedestrian Killed on the Freeway Near Monterey Park

Monterey Park, Los Angeles County – Authorities on Friday identified a pedestrian who died after being hit by a vehicle on a freeway near Monterey Park.

The Los Angeles County Department of Medical Examiner reported that the victim was Jorge Garcia, a 16-year-old, who was pronounced dead at the scene.

The incident occurred early Thursday morning, with the California Highway Patrol (CHP) receiving a report at 1:31 a.m. Officers were dispatched to the connector between the westbound San Bernardino (10) Freeway and the southbound Long Beach (710) Freeway, where they discovered the victim, according to CHP Officer Sergio Garcia.

To investigate the crash, the CHP issued a SigAlert and closed three lanes of the connector for two hours.

Source: My News LA

Who Can Claim Compensation When a Pedestrian Dies in an Accident?

Compensation for an accident like this would depend on the specific circumstances and legal framework in place. Below are potential parties who might claim compensation, along with considerations:

1. The Pedestrian’s Family or Legal Representatives

• Who? Close relatives (parents, guardians, or next of kin) or a legal representative of the deceased.
• Claim Type: Wrongful Death Claim – This may include compensation for:
  • Funeral and burial expenses.
  • Loss of financial support (if the deceased contributed to household income).
  • Loss of companionship and emotional support.
  • Pain and suffering experienced by the family.
• Against Whom? Potential claims could be made against:
  • The driver of the vehicle, if negligence was involved.
  • A third party (e.g., employer, vehicle manufacturer, or government entity) if other factors like defective vehicles, poor road conditions, or unclear signage contributed.

2. Driver or Vehicle Owner

• Who? The driver or owner of the vehicle involved, if they suffered any damage or trauma.
• Claim Type: Compensation may be sought if another entity contributed to the accident, such as poor road maintenance or defective traffic signals.
• Against Whom? A government agency, another driver, or a third party if they share liability.

3. Insurance Claims

• For the Pedestrian’s Family:
  • A claim could be filed under the deceased’s life insurance policy, if applicable.
  • The driver’s automobile insurance policy may also provide liability coverage for accidents involving pedestrians.
• For the Driver:
  • The driver’s own auto insurance may provide coverage for their damages.

Factors Affecting Claims

• Liability: Determining who was at fault (pedestrian, driver, or another party) is critical in deciding compensation eligibility.
• Contributory Negligence: If the pedestrian was partially at fault (e.g., jaywalking or crossing in a restricted area), it could reduce or eliminate the family’s claim, depending on state laws.
• Road Conditions: If the accident was caused by unsafe road conditions or defective signage, a claim could be made against a government agency or contractor responsible for maintenance.

Next Steps for the Family

• Legal Advice: Consult a pedestrian accident or wrongful death lawyer to assess the case and determine liability.
• Investigation: The family should collect all relevant documentation, such as the police report, witness statements, and medical or death records.

The eligibility for compensation and its amount will depend on the facts established during investigations and applicable state laws.

If you need a personal injury lawyer in Los Angeles CA, call My Lawyer Mark at (866) 721-5808 and schedule a free consultation. You can also request a copy of your accident’s police report by filling out this contact form: