Elements of Wrongful Death

Every day we hug our loved ones and hope that wherever they go they stay safe. As adults, we start to realize the anxiety we brought on our parents. How could they let us go to that concert? Why did we sneak out and go to that bar? These questions are even more compounded if you have children of your own. At the end of the day, we are all responsible for our own behavior. Some, however, are more willing to be accountable than others.

Our Chula Vista Wrongful Death Attorneys at the Law Offices of Eugene G. Bruno have witnessed family after family enters our offices devastated and thirsty for justice. Wrongful Death suits are hard. Not only do they take a lot of investigative work, but it requires families to relive the tragic moment over and over again. Our Wrongful Death Attorneys are ready to work day and night to ensure that the suffering is all worth it.

Important Elements

When filing a wrongful death claim, you must satiate several elements. Because wrongful death claims are filed as a civil suit, the threshold of proof is much lower than if the state filed a criminal suit. Both can happen at the same time, however. You can have a civil suit and criminal suit against the same person. For example, Austin Lee Kirchner pleaded guilty to voluntary manslaughter. He and his friend bludgeoned a 40-year old man who allegedly hit on Kirchner’s girlfriend. Kirchner’s friend held the 40-year old while Kirchner beat him with a metal pipe over the head. They left the scene shortly before the police showed up.

The man died two days after the event in the hospital. Family members of the man who died could file a separate wrongful death civil suit if they wish. Kirchner was found guilty, but even if he didn’t he could still be found responsible in civil court. One of the elements of wrongful death is to show the direct connection between the death of the person and the negligent or willful behavior of someone else. If there wasn’t enough proof in criminal court, you can still succeed in civil court.

Other elements you must satiate include damages of the loss of life. These damages include funeral expenses, medical expenses, loss of victim’s earnings, loss of inheritance,  and loss of expected earnings. Damages also include survivor’s mental anguish and pain of losing a loved one, loss of companionship, and loss of consortium. Each amount must be detailed which is why it is so important to choose an attorney and legal team who knows what they are doing.

What To Do

Our Wrongful Death Attorneys at Law Offices of Eugene G. Bruno are ready to assist you every element of the way. Our law firm delivers a 99% success rate. If you are unsure then call 888-278-6688 or click here to start a conversation with our professional attorneys at the Law Offices of Eugene G. Bruno in Chula Vista today.

Young Woman Killed On Her 22nd Birthday

Eugene G. Bruno has more than 30 years of experience with clients from various needs. From car accidents to wrongful death, Bruno has the ability to work successfully on a spectrum of personal injury cases. Wrongful death cases are extra personal for Bruno because understands that his help is limited. Our San Diego Wrongful Death Attorneys will try our best to ensure that justice is served, but we cannot bring your loved one back to life. As a firm, we believe that in order to best serve our clients we must get to know them. We must work intimately with them. A wrongful death case is very intimate, but we believe in professionalism and empathy can go hand in hand.

Wrongful death suits are not criminal charges. They are separate charges through a civil court, not a criminal court. People chose a wrongful death suit because there is a lower threshold of negligence than in the criminal court. Most wrongful death suits are settled outside of court. Wrongful death suits can be filed by the immediate family members or dependents of the deceased. Financial compensation can be made for loss of companionship, medical bills associated with the death, funeral arrangements, loss of future income, and emotional distress.

The Jones Family

As an example, Mikaela Jones was killed on her birthday. She was hit by an armored truck as she crossed the street to catch her dog who ran away from her. She was in the middle of a La Jolla shopping center. As she ran out in the street, the armored car turned and hit her. It was seen that Mikaela’s hand was up, but investigators aren’t sure if it was to show that she was in his way or for something else. It was her 22nd birthday.

Jones legal team suggests that the shopping center is also to blame. They state that there is no crosswalk or pedestrian crossing signs in a very pedestrian populated area. They also state that had the armored car stopped as soon as he hit the young woman, she may have survived. The Jones family not only wants justice for their daughter, but they also want others to be safe from an incident like this too. They are pushing for safety signs to be posted around the shopping center.

The family hates to put forward a wrongful death suit, but in order to make change sometimes, you have to create some legal waves.

What To Do

If you are searching for wrongful death suits then may our legal staff be some of the first to share our deepest condolences. What you are going through is hard enough. Our San Diego Wrongful Death Attorneys understand the sensitivity of a case like this. We also appreciate and empathize with our clients because it takes real courage and bravery to seek justice for our loved ones. Call 888-278-6688 or click here to start a conversation with our professional attorneys at the Law Offices of Eugene G. Bruno in San Diego today.

What If I Get Hit While Jaywalking?

When you are injured in an accident, the last thing you want to think about is who is at fault. Ask a pedestrian who is right and they will tell you the pedestrian. As a driver who is right and they will say a driver. It all depends on what perspective you choose, right? Not in the legal realm. Our Chula Vista Pedestrian Accident Attorneys at Law Offices of Eugene G. Bruno understand all the rules and regulations involved with pedestrian accidents. According to the California Vehicle Code 21949 – 21971, there are certain rules that a pedestrian must follow while walking alongside cars. Here are a few to keep in mind:

  • Drivers must yield to pedestrians who are crossing marked or unmarked crosswalks. Intersections are can be marked or unmarked. Either way, a  driver should yield to a pedestrian.
  • Drivers should slow their vehicle down and exercise due care when a pedestrian is using a marked or unmarked crosswalk. This means no speeding by someone who is walking. Drivers must use safety at all times around pedestrians walking.
  • If a driver stops to let a pedestrian cross then any surrounding vehicle must also stop. If you are behind a driver who has stopped at a crosswalk then you may not drive around take over.
  • Pedestrians must exercise due care when walking in areas that are not marked or unmarked crosswalks. Pedestrians must yield to oncoming traffic.
  • Pedestrians are not allowed in bicycle lanes and vice versa.

So what happens if you are hit in marked or an unmarked crosswalk? More than likely the person who hit you will be mostly responsible. What happens if you were jaywalking? It all depends.

Jaywalking is when someone walks on the street or across the street without using the proper marked or unmarked crosswalks. Jaywalking is a ticketed offense and can lead to some legally messy situations. If you are hit by a car while jaywalking you can still hold the driver responsible if the driver was acting negligently. For example, if the driver was speeding, they are negligently driving. If the driver was under the influence, distracted, or not watching the road then the driver may be liable for your injuries.

Because California has comparative negligence law, each party in an accident can be held responsible for a percentage of their own injuries. For example, if you were jaywalking, the court may find you are responsible for 20% of your injuries. This means the other party will have to give you compensation for your injuries less 20%. It may not be the entire amount you need, but when medical bills begin to pile up, every little bit helps.

What To Do

If you have been injured by a vehicle while walking our Chula Vista Pedestrian Accident Attorneys at Law Offices of Eugene G. Bruno are ready to lead you through the process. Call 888-278-6688 or click here to start a conversation with our professional attorneys at the Law Offices of Eugene G. Bruno in Chula Vista today.

Multiple Car Accident Interrupt Morning Commute

Rush hour in the morning is already frustrating. No matter how early you get up, you will always hit a little of the morning rush hour traffic. It is one thing to sit in traffic due to congestion of the road, but it is another when there is a traffic accident. Traffic accidents are frustrating because police vehicles and emergency vehicles are required to enter the scene every time. Hopefully, no one needs the services, but it takes time for accidents to clear up. However, if you are the one in the accident you do not care how long it takes for everyone to get around you. Instead, you care about whether you are injured and who is at fault.

Our San Diego Car Accident Attorneys at the Law Offices of Eugene G. Bruno have a 99.7% success rate in car accident claims. You don’t achieve such a high rate of success by guessing. Our San Diego Car Accident Attorneys know the ins and outs of car accident claims. We understand the resources necessary to win and we are ready to put the work in every time. If you or someone you love is injured from a car accident then you need to reach out to our San Diego Car Accident Attorneys in order to start your route to success.

Car accidents happen all the time. Take a look at this timeline of accidents from the beginning of March 2019:

  • 3:30 AM First accident occurs: A woman lost control of her vehicle causing it to roll and land on its roof. Thankfully she was able to climb out of the window and get to safety while the emergency crew arrived.
  • 4:40 AM Another car veers off the roadway and crashes. The driver was trapped inside until crews were able to get him out. He was taken to the UC San Diego Medical Center for attention.
  • 4:48 AM Two vehicles hit each other due to a spin out due to wet roadways. Authorities stopped all traffic until the vehicles and roadways were cleared.
  • 5:27 AM Three car collision.
  • 5:52 AM Another car spins out due to wet roadways, but it is a solo accident. No one else was hit or injured.
  • 6:18 AM Another three-vehicle collision. This time authorities were able to move the cars to the shoulder in order to let traffic pass.

Imagine, waking up to go to work really early and still dealing with roadway traffic. Imagine being apart of those several vehicle accidents? Don’t take your roadway travel for granted. An accident can happen at any time, but even more so when it is raining. If you find your self injured due to a car accident, don’t hesitate to find legal assistance. Our San Diego Car Accident Attorneys at the Law Offices of Eugene G. Bruno is ready to take on your case so you can start to relax and recover. Call 888-278-6688 or click here to start a conversation with our professional attorneys at the Law Offices of Eugene G. Bruno in San Diego today.

Caltrans Adding Wrong Way Warning System

Driving is a complicated process. You have to check mirrors, speed, directions, stay in the lane, use proper turning signals, get the temperature right, get the tunes right, and resist looking at your phone. This is all if you are driving on a highway. Think about driving in city streets with stop signs and stop lights. Driving is complicated and requires a lot of attention. When we stop to think about our brains have to do while we drive it is amazing how second nature everything comes to us; it is like muscle memory. Every morning people get into their cars before they are even fully awake and somehow get to work without injuring themselves or others.

Our car accident lawyer San Diego CA at Law Offices of Eugene G. Bruno get a very different story when it comes to driving. We get painful stories with powerful and horrific images of lives ruined, changed forever, or lost. We believe that these images and stories are reminders of how important it is to drive our cars with caution and alert behaviour. Yet, every day we all make common errors on the road. We run through yellows or roll through stop signs on roads we know are rarely travelled. The truth is we just don’t know. We don’t know if today is the day a pedestrian walks through the stop sign or if that yellow is going to turn red quicker than we thought. Accidents happen on a daily basis. Some accidents are more tolerable than others; however, when it comes to wrong way accidents the fatality increases.

Tale Of A Wrong Way Driver

San Diego has seen its fair share of fatal wrong-way accidents. For example, a wrong way driver collided with an oncoming Uber car around 2:30 AM on a Friday night. The wrong way driver was killed on the scene alongside the back passenger of the Uber car. The Uber driver was hospitalized with serious injuries. It is unclear how long the wrong way driver was driving the wrong way or if drugs or alcohol were involved. Statistically, 8 out of 9 times wrong way drivers are under the influence of something. Typically accidents like these occur on off-ramps, late at night, or early in the dawn hours.

Because of the severity of wrong-way accidents, Caltrans system started testing a warning system to alert police and other drivers of a possible wrong way driver near them. Over a four-month period the warning system as alerted 102 times. The system is proving positive at alerting, but more needs to be done to prevent the wrong way driver from turning the wrong way, to begin with.

What To Do

Car accidents can cause a great deal of injury that influences your daily commitments such as work and family. Our job at Law Offices of Eugene G. Bruno is to ensure that you are getting the proper compensation for the injuries your sustained. Call 888-278-6688 or click here to start a conversation with our professional attorneys at the Law Offices of Eugene G. Bruno in San Diego today.

Pedestrian Accident: Who Is At Fault?

Even though pedestrians are the most vulnerable to use a roadway, there are certain rules and regulations pedestrians must adhere to in order to avoid accidents. For example, pedestrians must use crosswalks and follow road signs that tell them when it is safe to walk. The best way to avoid accidents is for pedestrians and cars to look at each other. Eye contact is a great way for pedestrians and drivers to see each other and know what each other is going to do. But sometimes that just isn’t possible. Our San Diego pedestrian accident lawyer at the Law Offices of Eugene G. Bruno has heard and seen it all. Our job is to hear the stories of those who have been injured. We are here to right wrongs. We cannot turn back time, but we can make sure that you are getting the representation you need to get compensation for the injuries you sustained.

Who Is At Fault?

Sometimes accidents happen at a time when no one is around. Sometimes police reports are wrong. Sometimes people lie. Sometimes people make up stories in order to get away from being held accountable. Having a good attorney by your side can be the difference between getting partially blamed or fully blamed.

California is a comparative negligent state. This means that the court looks to see who is partially responsible for the accident. For example, if a person is 20% at fault for an accident then the person who is 80% will provide full compensation less 20%. Comparative negligence is an attempt to fairly treat those who were in accidents when it wasn’t completely their fault. It is an attempt at fairness. However, sometimes with the wrong interpretation of a police report or a wrong testimony, the wrong people are considered at fault. This is why you need our strong attorneys by your side. We will tell the story that is true.

For example, a 79-year old woman was struck by a car at Mira Messa intersection early in the morning while the streets were still dark. The collision resulted in injuries such as a fractured pelvis and head injuries. Thankfully the older woman survived the accident, but she will need help with medical bills and accommodations. The investigators speculate that the older woman crossed against the light and was wearing too dark clothing for the driver to see her. The driver stayed at the accident and cooperated.

In this scenario the police report may state that the older woman may have crossed against the light, but how can we be sure? Maybe it was the car who did not stop in time for the light? Maybe the driver is at fault. Maybe both were at fault? Our job at the Law Offices of Eugene G. Bruno is to get to the truth and make sure that your truth is heard.

What To Do

If you or someone you love is suffering from an injury from a pedestrian accident then our San Diego Pedestrian Accident Attorneys are ready to hear from you. Call 888-278-6688 or click here to start a conversation with our professional attorneys at the Law Offices of Eugene G. Bruno in San Diego today.

Wrong Way Accident Cause More Fatalities

Navigating new city streets can be complicated, especially if they involve one-way streets. No matter what the GPS says it can really hard to understand exactly where the blue arrow wants you to go. If you have your GPS set to speak to you, sometimes the voice is delayed and tells you to turn after the turn. Or your phone may be in the middle of recalculating causing you to move through the streets in completely unknown ways until your phone can keep up with you. Despite the wrong way driving error, accidents involving wrong-way driving are relatively low. Yet, they can be the most deadly. Our San Diego car crash lawyers at the Law Offices of Eugene G. Bruno knows all too well the severe injuries victims sustain in a wrong way car accident.

Common Injuries

Like any car accident, if you are hit while driving you are more than likely going to get hurt in some way. However, there are certain kinds of accidents that create more injuries than others. Wrong way driving is one of those accidents with a high rate of severe injury and fatality. Because wrong-way drivers are more likely to cause head-on collisions, the injuries look different than if someone was rear-ended or sideswiped. Common wrong way accident injuries are:

  • Head trauma: head on collisions without wearing a seat belt is a recipe for getting ejected from the car which can result in catastrophic head injury.
  • Broken bones: Even if your airbags inflate, the impact can be so quick and severe you can break bones in your face, neck, or arms, amongst other bones.
  • Burn Injuries: Head on collisions can cause vehicles to catch on fire causing. This can cause you to experience burns or damage from inhaling smoke. Either can cause serious injury and life long scarring.
  • Mental Trauma: Thankfully the legal system is understanding the importance of mental health when considering doctor visits. Someone who survives a crash like this may need help in getting over the trauma of the accident. They may even need emotional help getting through recovery.

San Diego Freeway Data

San Diego Freeways are known as the most dangerous roads in California. Near 900 people have died on the San Diego Freeway. Around 350 people died from drivers being under the influence of drugs or alcohol and 29 were attributed specifically to drinking and driving. The most dangerous stretch of the San Diego freeway is Interstate 8 at 120 deaths. It can be strongly suggested that few of these fatalities could also be attributed to wrong-way accidents.

What To Do

If you or someone you love is suffering from a car accident, you need to reach out for legal assistance. Our San Diego Car crash lawyers have a 97% success rate. We know we can help you. Call 888-278-6688 or click here to start a conversation with our professional attorneys at the Law Offices of Eugene G. Bruno in San Diego today.