Motorcyclist Killed in Fresno County Truck Accident
A motorcyclist was killed in a Fresno County truck accident on the afternoon of August 2, 2019. The motorcycle accident occurred shortly before 1:45 p.m. along Highway 168, just west of Prather. For unknown reasons, a big rig was involved in a collision with a biker. The truck driver was uninjured in the crash. Sadly, the motorcycle rider was pronounced deceased at the scene by authorities. Officials have identified the decedent as 52-year-old James Bixman of Clovis. Our thoughts and prayers are with the loved ones of Mr. Bixman during this difficult time.
Loss of a Loved One in a Fresno County Truck Accident
The loss of someone you love is devastating, no matter the circumstances. Finding out the death could have been prevented can be even much more challenging to come to terms with. California laws provide an opportunity for families affected by such situations to recover compensation for their loss. No amount of money can make up for the loss of a family member. However, retaining an experienced Fresno wrongful death attorney can prove invaluable in times like these. An attorney can ensure insurance companies do not take advantage of families while they are grieving from their loss. A lawyer can also bring a wrongful death case against a negligent trucker or trucking company on a family’s behalf. This may help bring some sense of closure and help restore the financial stability that may have been lost when a family member passes away unexpectedly. Moreover, most lawyers handle these types of cases on a contingency fee basis. In other words, a family will not have to pay any fees upfront. A fee will only be due if the case settles successfully in their favor.
How Do You Prove Wrongful Death in a Fresno County Truck Accident?
In a wrongful death case, the family must show that the negligent party was responsible for their loved one’s unexpected passing. In legal terms, they must be able to prove that the loss was caused by the reckless, negligent, or careless action of another party or entity. This must be demonstrated through four elements of negligence, including:
- Duty of Care: Evidence must show that the responsible person owed a duty of care to the decedent
- Breach of Duty: The claimant must demonstrate that the negligent party breached or violated that duty of care owed to the deceased
- Causation: Surviving family members must prove the at-fault individual’s action was the direct cause of the loved one’s wrongful death
- Damages: The family suffered quantifiable losses
Types of Wrongful Death Damages for a Motorcycle Accident
The family of a deceased biker may be able to file a Fresno wrongful death claim to recover damages for the financial and intangible harms they have suffered. These include:
- Costs of a family member’s funeral and burial
- Loss of a decedent’s parental training or guidance for surviving children
- Loss of a loved one’s intangible support, including companionship, affection, and moral support
- Medical expenses for treating the loved one before his or her passing
- Mental anguish suffered by surviving family members
- Value of the decedent’s financial support and services for the household
For more information on these types of cases, watch the below video.
Who Can Claim Damages for a Loved One’s Wrongful Death?
California law is specific on who is eligible to file for wrongful death. In such cases, possible claimants include the decedent’s surviving spouse, domestic partner, or children. If such parties are nonexistent, others may be able to pursue a case. This may include stepchildren, parents, or a putative spouse under limited circumstances. Dependents of the deceased person may also have the right to file a wrongful death action. This is possible so long as they can prove that they were financially dependent on the deceased for at least 50 percent.
Is There a Time Limit for Wrongful Death Cases?
There is a set amount of time for which a family member has to file for wrongful death. In California, a claim must be filed within two years from the time of a loved one’s passing. This deadline can be shortened if the accident involves government negligence, such as a road defect. In such cases, a case must be filed with the appropriate government agency within 180 days or six months from the date of death. This is why having a lawyer is essential. An attorney can review the details of your loved one’s wrongful death case and ensure all applicable deadlines and requirements are met.
Motorcycle Accident Attorneys in Fresno
I’m Ed Smith, a Fresno motorcycle accident attorney. Suffering injuries or losing a loved one to a motorcycle accident in Fresno is devastating. When that loss is caused by the negligence of another, the grieving process may be compounded by anger and grief. If you or a loved one has been injured or killed in a motorcycle accident caused by the fault of another, please give me a call at (559) 377-7676 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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I belong to the Million Dollar Advocates Forum and the National Association of Distinguished Counsel. The first forum is reserved for trial lawyers who have achieved case verdicts and settlements worth over one million dollars for their clients. The other group is composed of attorneys who provide high standards of legal excellence to their clients.
I have been representing families of Fresno and greater California communities as an injury lawyer since 1982. To see how we have resolved past cases for our clients, go to our Verdicts and Settlements page.
Photo Credit: By “Daniel Reche” via Pexels
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