We represented the family of a young man who was skateboarding downhill on a largely empty road in the southern part of San Diego County. As he was criss-crossing the four lane road late at night on his way home from being with his friends‚ he was struck from behind by a car‚ hit the windshield‚ and rolled off the side of the vehicle. The driver was clearly not paying attention or may have been under the influence. He did not see our clients’ son until after the collision and took over 5 minutes to call anyone to tell them about the accident. When he did‚ he called his employer.
We investigated the accident scene to determine if there was any other entity who might be responsible for their son’s death. We assumed that the driver did not have adequate insurance and our clients did not own enough underinsured motorist coverage to compensate for the difference. Unfortunately‚ as what happens in most wrongful death cases‚ we were limited to the insurance policy of the driver to compensate our clients for their loss. The road did not appear to be dangerous either for sight lines‚ speed‚ or lighting.
After our investigation‚ we informed our clients of our liability findings and the results of our asset search‚ we were able to reach a settlement of $30‚000 from the driver’s insurance company.
Recovery: $30‚000 (Policy Limits)
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