In a tragic accident‚ a 38-year old man lost his life after he was struck by a school bus in the 1700 block of Reche Road in Fallbrook. The victim‚ Deio Alcala‚ was standing in front of his girlfriend’s North San Diego County home‚ drawing with chalk on the road‚ when he was hit by the 25-seat vehicle. It is believed that he was trying to draw a marriage proposal on the road for his girlfriend to see. The bus accident took place around 5:30 am on February 26‚ 2010.
Though Alcala looked up before the accident‚ hecould not move in time and was knocked into a Ford Explorer. He died at the scene. The bus driver‚ en route to pick up special-needs students for transport to school‚ was uninjured.
Our office wishes sincere prayers and condolences to the family and friends of Deio Alcala, especially his girlfriend. This fatal accident would have been tragic under any circumstance‚ but to have it happen while Mr. Alcala was preparing a marriage proposal is all the more painful. Even worse‚ his girlfriend saw the accident and its’ aftermath. It must have been torturous to see someone you love so dearly dying in front of you.
If she consulted with our office‚ we would be sure to advise her that under California law she may have a separate right to compensation and recovery because she watched the accident unfold. The gray area‚ however‚ is that she is not a blood relative and she was not married to Mr. Alcala at the time. Had she been‚ she would clearly be entitled to an award of damages. Unfortunately‚ California law may not accurately reflect today’s realities and the relationships people have amongst themselves when they are serious boyfriend-girlfriend or when they are engaged to be married.
Ross Jurewitz is a San Diego pedestrian accident attorney and the managing attorney of the Jurewitz Law Group‚ a California law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego bus accident ‚ please order your free copy of Mr. Jurewitz’s book‚ The Ten Biggest Mistakes that can Destroy Your California Accident Case . It is full of helpful information that will help you protect your legal rights and it is free to all California residents.
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