Pedestrian Fatality Downtown Oakland
Officials reported a fatality in a hit-and-run pedestrian accident on December 1, 2023. The crash occurred around 12:30 a.m. at the intersection of Martin Luther King Jr. Way and West Grand Avenue near the downtown area, Oakland PD reported.
Details on the Pedestrian Fatality Near Downtown Oakland
A preliminary release by Oakland PD revealed that a pedestrian, a man, age 34, was struck and killed by a car that left the scene following the incident. Investigators indicated that the pedestrian was in a crosswalk at the time of the crash.
Officials have not yet revealed identifying information on the suspect driver and car due to an ongoing investigation. Crime Stoppers of Oakland and police are offering an award for information that leads to the arrest of the fleeing motorist.
What is Wrongful Death?
The loss of a close relative in an accident is a devastating occurrence that carries immense emotional harm and financial hardship. A wrongful death claim may provide survivors with the closure they need and a feeling of justice by holding the opposing party accountable. Furthermore, it may provide the family with the financial relief they need to cover unexpected expenses from the sudden loss of a loved one. If a family loses a close relative in a pedestrian accident, they may hold the at-fault driver liable for losses. In cases where the motorist flees the scene, uninsured motorist coverage may come into play.
Things to Know About Wrongful Death Cases in California
There is a wide array of accidents that occur in California that often result in traumatic injury or a loss of life in some extreme cases. Common examples include motor vehicle collisions, including motorcycle crashes, bicycle collisions, and pedestrian accidents. If a family loses a loved one in a car versus pedestrian crash because of a negligent or careless party, survivors may have grounds to file a case against the responsible party. Eligible claimants may seek reimbursement of non-economic and economic damages, like loss of financial support, funeral costs, mental anguish, and more.
California law is specific on which surviving family members can bring a wrongful death case and those with priority for filing. According to CCP 377.60, the spouse, domestic partner, or children of the deceased person have priority to file a case. If the decedent is not survived by a child, domestic partner, or spouse, the case may be filed by the surviving parents, stepchildren, putative spouse, or other relatives who depended on the deceased individual for financial support. An experienced attorney can determine a family member’s eligibility for filing.
The surviving family members of the deceased have a limited amount of time to file a case in civil court before the deadline expires, and they are ineligible to seek compensation. In most cases, survivors have two years to file a lawsuit from the date of loss, as outlined in the California Code of Civil Procedure Section 335.1. If survivors have any questions about their eligibility and applicable time limits in their potential case, it is essential to discuss the matter in detail with a knowledgeable wrongful death lawyer to understand their rights and options under California law.
Wrongful Death Lawyer in Oakland
When a family is deprived of a loved one due to an accident that a negligent party has caused, survivors can retain legal counsel to protect their rights and best interests. The right Oakland wrongful death lawyer can handle all aspects of the case, including proving the opposing party’s negligence, the extent of damages incurred, and working toward a mutual settlement agreement with the other side. This will allow surviving family members the time and energy to focus on their recovery during this trying time.
Our legal team is committed to providing clients with the utmost compassion, support, and transparency. We are dedicated to helping surviving family members obtain justice and maximum financial recovery for the wrongful death of their close relatives. Do not delay, and contact our law firm today to learn how our legal team can assist you. Schedule a free consultation by dialing (510) 631-0200 or (800) 404-5400. We are available to review your case for free and provide friendly advice.
Photograph Source: BrettSayles | Pexels.com
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