The family of a 22-year-old Santa Barbara man who was the victim in a fatal pedestrian hit-and-run accident on Highway 101 in Santa Barbara has filed a lawsuit for negligence and wrongful death against several parties.
The young man was struck and killed just after 1 a.m. on January 15 on Highway 101 near the Ortega Street footbridge.
There had been reports that the victim had been staggering along the highway — and later toxicology reports confirmed that he had a blood alcohol concentration of .256, which is three times over the limit at which a driver is considered too drunk to be behind the wheel.
The mother of the young man is suing the driver of the car who struck him, two of his family members, and the driver of a cab and the company he was employed with.
The lawsuit claims that friends had called a cab to pick up their intoxicated friend and drive him home from a bar. Reportedly, the cab picked him up and the driver was proceeding to take him home when the victim asked the driver to stop so he could get out and vomit. The cab driver stopped, but the young man staggered away and did not get back in.
The lawsuit contends that the cabbie watched as the man walked away from the cab, but did not attempt to pull up and pick him up, even after the man allegedly tried to relocate the cab. The suit claims that the cab left the area instead.
An attorney for Absolute Cab agreed that the man did leave the car, but claims he refused to get back in. He told Noozhawk.com that the cab driver could not force the man back into the cab because it is illegal to do so. He says his client acted appropriately in the situation.
Determining who may be liable in a wrongful death lawsuit can be a complicated endeavor. The Law Office of Reneé J. Nordstrand has the resources available and an experienced legal team that is dedicated to seeing you through this complex process, so your family can get the justice it deserves.
If you believe you have a case, call our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530. We can also be contacted online.