News: Child, 6, killed in multi-vehicle crash in Kensington

SAN DIEGO, CA – A multi-vehicle crash in the Kensington area on Wednesday claimed the life of a young child, according to KUSI.

The collision occurred just before 8 a.m. at the intersection of Adams Avenue and Biona Drive.

Officers with SDPD say an SUV rolled over as a result of the impact, landing on a nearby fire hydrant.

First responders worked to extricate an injured 6-year-old boy from the SUV. He was subsequently transported to a local hospital, where he succumbed to his injuries.

If you’ve been injured in a San Diego County rollover accident, it’s important that you make smart decisions at the scene of the wreck even though you may be hurting and overwhelmed. Click here to learn about steps you need to take to protect your interests should you choose to initiate an insurance claim or lawsuit. To begin, it’s essential that you gather insurance information from any other drivers involved in the crash. Also, call the police to report the accident and ask them to dispatch a team to assess for injuries and to provide you with an official crash report. Finally, visit our Personal Injury Resource Center to learn more about rollover accidents and then contact the San Diego area car accident lawyers from HHJ Trial Attorneys for a free consultation. You can reach us via the website or by calling 1-619-INJURED.

For more information on cases like yours and how our firm can help, visit our San Diego Personal Injury Resource Center today.

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1. How do I choose an attorney for my car accident case?

Look for experience, proven results, and a clear understanding of the nuances of California law concerning car accidents. The ideal attorney should have years of experience both in accident law and in courtroom litigation, with successful cases and recoveries as a record to back up that experience. Explore reviews and testimonials, but don’t overlook the value of an initial consultation to gauge a firm’s suitability and receptivity to your case.

2. How long do I have to report a car accident in California before it’s too late?

Per California law, you must report any accident that results in injury or serious property damage (judged to be more than $750.00 in damages) to the DMV. The law states you must make such a report within ten days of the accident. Failure to do so could result in additional problems, such as the suspension of your driver license. No statutes govern when you must report an accident to your insurance company. Still, best practices state you should inform your insurer of any accident as soon as possible to avail yourself of the protections of your policy.

3. After a car accident, do I sue the driver or the insurance company?

Following an accident, California law does not allow drivers to sue insurance companies directly for damages. Instead, you will need to file suit against the driver. The other driver’s insurance typically takes over their defense based on the terms of their policy. Only in certain situations, such as when insurers act in a manner legally defined as “bad faith,” can you bring suit against the insurance company itself. Our attorneys can provide additional clarity so you can understand where to direct your efforts.

4. Should you admit fault in a car accident if it is your fault?

Simply put, no. At no point should you admit fault or claim responsibility for the accident even if all parties may implicitly understand that you were at fault. When necessary, such as when speaking to the police at the accident scene, provide an explicit and factual statement that only details what occurred during the accident. Do not make statements to your insurance company or another driver’s insurance about fault. Doing so may make you legally responsible for all the costs associated with the accident, complicating any chance you may have to defend a claim. Secure legal assistance quickly after an accident to avoid these sticky situations.

5. How do you prove negligence in a car accident?

There is a four-pronged test the courts use to determine whether negligence was a factor in the cause of a car accident. These benchmarks include:

– Duty. In the case of cars, every driver has a “duty” under the law to drive safely and within the rules of the road. All drivers have this legal responsibility to one another.
– Breach of duty. Would the average person believe that their actions could lead to death or injury? If so, a breach of duty has occurred.
– Causation. Successful claims must demonstrate that the breach of duty was the specific cause of harm.
Damages. What are the actual consequences of the breach?

Proving these elements establishes negligence. To learn more about these questions, or to explore more about your case, contact us today.

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