San Diego Union Tribune’s Jen Kuhney reported that a 25-year-old Marine stationed at Camp Pendleton was fatally injured in a auto accident around 1 a.m. on March 17, 2010. The unnamed Marine was a passenger in a 2005 Ford Mustang traveling north on Coast Highway near Michigan Street when the driver lost control of the vehicle and ran into a palm tree causing it to collapse on the vehicle. Both the driver and the Marine were taken to a local hospital where the Marine died from his injuries later that morning.
Our sympathy goes out to the family and friends of the Marine
California Vehicle Code Section 22350 requires the driver of a vehicle to drive at a speed that is reasonable prudent having regard for weather, visibility, and traffic. Since the driver of the Mustang was driving at a speed, which caused the vehicle to hydroplane, he was not driving reasonably for prevailing conditions. Thus, the driver and owner of the vehicle would be liable for the wrongful death of the Marine as well as any property that was damaged.. The Marine’s legal representative could pursue a survivor action according to California Code Of Civil Procedure Section 377.30 –377.34, which allows for damages not provided for under any wrongful death claim. In addition, the Marine’s heirs could bring claims under California’s wrongful death statute Code Of Civil Procedure Section 377.60. As always, in cases involving catastrophic injury or death, the issue of the responsible parties assets and insurance limits can have a great impact on obtaining justice for the injured and their families unless they have excess coverage of their own to bridge the gap ( see my prior Blog post on Uninsured/Underinsured Coverage).
A Friday night outing results in the tragic loss of a young Marine. Auto accidents that cause wrongful death or serious injury, which can change the life of the injured and their families. Exploring your options with an experienced personal injury attorney is key to obtaining fair compensation.