Pedestrian Killed After Merced County Big Rig Crash
A pedestrian walking through dark rural roads in Merced County was killed after a big rig crash on Saturday, June 20, 2020. The pedestrian accident occurred on State Route 59 in the vicinity of Vassar Avenue, just south of Merced. A semi-truck driver was traveling southbound on CA-59 when they noticed a pedestrian in the road. The trucker attempted to veer the vehicle to avoid striking the pedestrian. Unfortunately, the big rig driver’s efforts were unsuccessful as it was too late, and the collision caused the pedestrian to suffer fatal injuries at the scene. Officials have withheld the identity of the decedent as they are working to identify their family members.
Loss of a Loved One After a Wrongful Death Pedestrian Accident
The loss of a loved one is devastating for any family to experience. Whether a close relative passed away suddenly or some short time after a pedestrian accident, the family may take legal action through a wrongful death claim filed against the at-fault party. However, it is essential to understand the elements of a wrongful death case involving a commercial truck in California. The right to bring a wrongful death case is outlined in the California Code of Civil Procedure Section 377.60, which states that the surviving spouse, domestic partner, or children of the decedent have priority when it comes to these types of cases. Under this law, parents, putative spouses, stepchildren, or children of the putative spouse may be entitled to damages through a wrongful death claim if such parties are nonexistent. To learn more about who can file a wrongful death action, watch the video below.
What is the Filing Deadline for a Wrongful Death Claim?
A wrongful death claim, just like other types of cases, must be filed within a specific amount of time. This is known as the statute of limitations. In California, a wrongful death lawsuit must be filed within the two-year statute of limitations. This must be done if a wrongful death claim is not settled with the insurance company before the statute of limitations expires. Failing to meet this deadline may result in the court dismissing the case, and the loss of recovering wrongful death damages.
What Can Be Recovered from a Wrongful Death Claim?
The surviving family members of the decedent may be able to seek compensation for damages caused by the fatal pedestrian accident through a wrongful death claim. Survivors may be able to be compensated for their loved one’s medical treatment and expenses that were incurred between the time of the fatal incident and their death. End of life medical bills are recoverable through a survival action. The family may also be reimbursed for expenses related to funeral and burial services, as well as their mental anguish and emotional trauma. If you would like to know what types of wrongful death compensation may be available to you and your family, speak with an experienced Merced wrongful death lawyer.
Should You Hire a Lawyer After a Fatal Big Rig Crash in Merced County?
When a member of a family passes away unexpectedly in a pedestrian vs. truck accident, survivors are often left behind to pick up the pieces. This is not always easy as trucking firms, and their insurance companies usually take quick action to protect themselves from financial liability after a big rig crash. An experienced wrongful death lawyer in Merced can help a family through this difficult time by handling the legal aspects of their case and obtain fair compensation on their behalf. While no amount of money can bring a close relative back, it can help achieve a sense of justice knowing that the truck driver and trucking company were held financially responsible for the loss of a loved one.
Pedestrian Accident Lawyers in Merced
I’m Ed Smith, a Merced pedestrian accident lawyer. Pedestrians deserve to feel safe at all times when walking down public walkways and sidewalks. Sadly, fatal accidents involving pedestrians occur all too often. If you have lost a family member after a truck vs. pedestrian accident in the Merced area, please call me at (209) 227-1931 or (800) 404-5400. I understand how important it is for families affected by wrongful death to obtain the justice and fair compensation they need during this challenging time and can provide my compassionate, free, and friendly advice on how to do so.
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Go to our Verdicts and Settlements page to view a selection of past case results we have obtained for families affected by wrongful death.
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