A fatal car accident reportedly took place at an intersection in Huntington Beach around 6:30 p.m. on Sept. 1. According to police, the collision occurred when a 51-year-old male driver struck a 55-year-old man who was riding a motorized bicycle. The results of a preliminary investigation indicate that both drivers were proceeding southbound when the accident occurred.
Officers arrived to find the cyclist suffering from injuries that were described as critical. Paramedics transported him to UCI Medical Center, where he died from his injuries. The driver was interviewed by police and detained on suspicion of driving under the influence of alcohol.
Under California wrongful death law, the family of the decedent in a fatal car accident may seek compensation for both economic and non-economic damages. Economic damages may include funeral and burial expenses, loss of support, loss of gifts and loss of household services. Non-economic damages may include loss of companionship, assistance, care, comfort, moral support, protection and society. For minor children, other damages may include the loss of guidance and training.
Additionally, plaintiffs in a wrongful death action can be awarded compensation for the decedent's pain and suffering or for their own grief, sorrow or mental anguish. Punitive damages may only be awarded if the wrongful death led to a homicide conviction.
National Association for the Education of Young Children, "NAEYC-defined Critical Injury," accessed September 7, 2014
California Penal Code Section 191.5, Manslaughter, accessed September 7, 2014
Source: KTLA, "Officials Identify Huntington Beach Bicyclist, 55, Killed in Suspected DUI Crash", September 03, 2014
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.