[12-06-2024] San Diego County, CA – Pablo Ivan Lopez Marin Identified as the Pedestrian Fatally Struck in Escondido
Escondido, San Diego County – Authorities have identified a 25-year-old man who was fatally struck by a vehicle while crossing State Route 78 in Escondido.
On the evening of Nov. 24, around 9:22 p.m., Pablo Ivan Lopez Marin, a resident of Spring Valley, attempted to run across the eastbound lanes of SR-78 between Rock Springs Road and Centre City Parkway. According to the San Diego County Medical Examiner’s Office, he was hit by a Toyota SUV.
Emergency responders arrived at the scene but pronounced Lopez Marin deceased.
The driver, a 28-year-old woman, and her 19-year-old passenger remained at the site of the accident and were unharmed, according to the California Highway Patrol (CHP).
The medical examiner ruled Lopez Marin’s death accidental.
Traffic along the freeway was disrupted for several hours following the incident.
Source: Fox 5 San Diego
How Can You Obtain Compensation When a Pedestrian is Killed in an Accident?
Obtaining compensation in a pedestrian accident, such as the one described, typically involves several steps. Here’s an outline of the process:
1. Determine Liability
- Driver’s Responsibility: The driver may be held liable if they were speeding, distracted, impaired, or otherwise negligent.
- Pedestrian’s Actions: If the pedestrian was jaywalking, running into traffic, or crossing outside a designated area, their own actions could reduce or eliminate the possibility of compensation due to comparative negligence laws.
2. File a Claim with Insurance
- Driver’s Insurance: If the driver was at fault, the injured party (or the family in the case of a fatality) can file a claim against the driver’s auto insurance for damages such as medical bills, lost wages, funeral expenses, and pain and suffering.
- Uninsured/Underinsured Coverage: If the driver lacks sufficient insurance, the victim’s own uninsured/underinsured motorist coverage (if they have it) might provide compensation.
3. Explore Other Sources of Liability
- Road Conditions or Design: If poor road design, lack of proper signage, or lighting contributed to the accident, a claim might be made against a government agency responsible for maintaining the road.
- Third Parties: If another party indirectly caused the crash (e.g., another driver forced the SUV into the pedestrian), they may also bear some responsibility.
4. Gather Evidence
- Collect police reports, eyewitness statements, and any video footage from nearby cameras.
- Obtain medical and autopsy reports, which can help establish the cause of death and the impact of the accident.
5. Consult an Attorney
- A personal injury or wrongful death attorney can guide families on legal options, help prove fault, and negotiate with insurance companies or pursue a lawsuit if necessary.
- Attorneys often work on a contingency fee basis, meaning they only get paid if compensation is awarded.
6. File a Wrongful Death Lawsuit (If Applicable)
- If the accident resulted in a fatality, the family may file a wrongful death lawsuit to seek damages. This includes compensation for loss of income, companionship, and emotional distress.
7. Negotiate or Litigate
- In most cases, a settlement is reached through negotiation with the insurance company or responsible parties. If no agreement is reached, the case may proceed to court.
Key Considerations
- Comparative Fault: In California, compensation can be reduced if the pedestrian is found partially at fault. For example, if they are 50% responsible, they can recover only 50% of the damages.
- Statute of Limitations: The claim must be filed within a specific time frame. For personal injury or wrongful death cases in California, this is typically two years from the date of the accident.
Consulting a California pedestrian accident lawyer is the best first step if you believe you may be entitled to compensation. They can assess your case and provide tailored guidance. If you need to hire a personal injury lawyer in Escondido call My Lawyer Mark at (866) 721-5808 and schedule a free consultation.
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