(National City, CA) Destiny De Leon Alvarado, 24, of Chula Vista, died on October 10 after a vehicle struck her on Interstate 805, south of Fourth Street.
At about 6 a.m., the collision occurred on the southbound freeway in National City. De Leon Alvarado was outside her vehicle when another car struck her, according to the San Diego County Medical Examiner’s Office.
Following the impact, emergency personnel responded to the scene, where De Leon Alvarado suffered fatal injuries. The medical examiner’s findings identified blunt force injuries as the cause of death and classified the death as an accident. The California Highway Patrol is investigating the collision.
The report does not establish whether De Leon Alvarado was standing on the shoulder or within a traffic lane.
Analysis of the Southbound I-805 Accident
The first question is where De Leon Alvarado and her vehicle were positioned when she was struck. Being outside a vehicle does not establish that someone was crossing the freeway, and the report should not be read that way.
Under California Civil Code 23103, people generally must exercise ordinary care to avoid injuring others. For this collision, assessing that care would require a clearer account of the driver’s approach and the opportunity to see and respond to De Leon Alvarado. Her position relative to the stopped vehicle would also matter. The brief account provides no basis to conclude that either person acted negligently.
A separate question concerns the family’s right to pursue a civil claim. California Code of Civil Procedure 377.60 allows surviving direct relatives, or a personal representative acting on their behalf, to bring a wrongful-death case when another person’s wrongful act or neglect causes a death. Eligibility depends on the family relationship and the statute’s requirements.
The medical examiner’s classification of the death as an accident does not resolve that civil question. A medical finding about the manner of death serves a different purpose from determining whether someone failed to use reasonable care.
Support for the Family
You can ask the CHP which office holds the report for the southbound I-805 accident and how to request it. Ask whether the report documents where Destiny and her vehicle were located, since the initial account leaves that unanswered. You can also request information from the medical examiner about obtaining the findings concerning her death; those records address different questions from the collision investigation.
If you have any concerns about navigating the legal process surrounding this incident, call 866-883-4318 to speak with a lawyer.
