UNION TRIBUNE Reporter Debbie Baker reported that Esteban Bahena, a 24-year-old EMT, was fatally injured in an auto accident on 4/1/10. The tragic accident happened on the 163 Freeway near Washington when Bahena was struck by a passing vehicle, while putting out flairs following a auto accident involving several vehicles. Authorities did not release the name of the San Diego woman who was driving the vehicle that hit Bahena, as the CHP was still investigating the incident. A spokesperson for San Diego Medical Services said Bahena had been an EMT since 2006, and the incident was the first fatality in the 13 years since the San Diego Medical Services partnered with the city of San Diego.
Our deepest sympathy goes out to the Bahena family and friends.
Applicable California Law
Since the fatal accident occurred while Bahena was performing his job, his heirs would be entitled to workers compensation benefits including, but limited to, hospital expenses, funeral costs, and other related cots. In addition, his heirs would be entitled to pursue wrongful death claims against any party who contributed in causing his death. The heirs’ claims include damages for the loss of financial support, loss of love, society, and comfort. Their wrongful death claims are statutorily provided by California wrongful death laws. The representative of the deceased’s estate can also pursue a “survivor action” for any damages not covered by the wrongful death statute, or workers compensation laws.
Fatal accidents resulting in wrongful death claims are common. Whether as a result of an auto accident, motorcycle accident, or any other accident, issues relating to these types of incidents are compelling, emotional, and complex. The council and advice of an experienced personal injury attorney is essential after the loss of a loved one.