Cyclist Killed in Stockton Hit and Run Accident
A cyclist was killed in a hit and run accident in Stockton, CA on the morning of January 2, 2019. The bicycle accident occurred shortly before 5:00 in the morning in the area of the San Joaquin River Bridge and West Charter Way. A driver called police to report that they crashed into a cyclist who was riding on Charter Way, according to the California Highway Patrol (CHP). While waiting for authorities to arrive, a second vehicle reportedly collided with the cyclist. The second car, believed to be a newer model Volkswagen Beetle, allegedly fled the scene following the crash. Sadly, the cyclist passed away at the scene of the collision. Officials have identified the decedent as Polelei Malaepule, 33, of Stockton.
Loss of a Loved One in a Stockton Hit and Run Accident
The sudden death of a loved one may leave surviving family members to deal with grief and pain related to the loss. If the death was caused by the wrongdoing of someone else, this may compound the grieving process with anger and frustration, knowing that the death could have been prevented. When this happens, a claim may be filed on behalf of the decedent by their family. This may help cover the financial and intangible harms they have suffered.
What is a Wrongful Death Claim?
Wrongful death is defined as the loss of life caused by the negligent actions of another party or entity. California law recognizes that losing a close relative in an accident is heartbreaking to surviving family members and allows a way to protect them. To help survivors, economic and noneconomic damages may be awarded for the following:
- Costs of accident-related medical care incurred by the deceased before they passed away (this is recoverable through a survival action)
- Expenses related to a loved one’s funeral and burial services
- Mental anguish and emotional suffering caused by the wrongful death bicycle accident
- Loss of affection, love, care, companionship, and moral support
- Lost wages and benefits, including health insurance and pension
- Punitive damages may be awarded in a wrongful death case involving egregious misconduct, like driving while impaired
To learn more about how a wrongful death claim may help you and your family in your time of need, watch the video below.
Does Insurance Cover a Cyclist in a Hit and Run?
When a cyclist is killed in a hit and run accident, the family of the decedent may be unsure how they will be compensated for their loved one’s wrongful death. This is especially true if the driver responsible for the hit and run is not found. In situations like these, a family may be able to file a claim against their loved one’s car insurance policy if they have uninsured motorist coverage. This type of insurance not only covers drivers and passengers injured in a hit and run but also cyclists and pedestrians injured in these incidents. If the decedent did not have a policy of their own but lived with someone who did, a claim may also be filed against that policy. This is a potential option, so long as the deceased was not excluded from the insurance policy. For more details, reach out to an experienced Stockton wrongful death lawyer.
Who Can Bring a Wrongful Death Claim for a Hit and Run Accident in Stockton?
Under the California Code of Civil Procedure Section 377.60, specific relatives of the deceased are eligible to file a wrongful death action. This includes the decedent’s spouse, domestic partner, and children. If the deceased left no spouse, domestic partner, or children surviving, then the decedent’s parents, stepchildren, putative spouse, and the putative spouse’s children may be able to file for wrongful death.
Is There a Time Limit to File for Wrongful Death?
There is a specific time limit in which a wrongful death claim must be filed. This is known as the statute of limitations. In California, survivors have two years from the date of a loved one’s wrongful death to file a claim. If a case involves negligence on the part of a government agency for a road defect, such as lack of pedestrian crossings and insufficient street lighting conditions, then the family has six months or 180 days to file for wrongful death. This is by California Government Code 911.2. To ensure all filing criteria and deadlines are met, it is best to retain an experienced attorney for your wrongful death case.
Why Do We Need a Stockton Wrongful Death Lawyer?
The loss of a close relative is devastating. When the death is caused by the negligence or recklessness of someone else, this may be even more heartbreaking for the family, knowing that the incident could have been prevented altogether. In situations like these, it is essential to work with a wrongful death attorney from Stockton, who not only understands the family’s loss but is also experienced in handling all aspects of wrongful death claims. This may not only obtain justice for their loss but also ease the emotional and financial hardship they are experiencing. While no amount of money can undo what has happened or replace a lost loved one, an experienced attorney can ensure a family’s right to fair compensation is protected as they begin the healing process.
Bicycle Accident Lawyer in Stockton
I’m Ed Smith, a Stockton bicycle accident lawyer. When you have lost a loved one to a bicycle accident caused by the negligence of someone else, you and your family may benefit from the assistance of an experienced attorney who can guide you in the right direction on your path to recovery. If you and your family have experienced this, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice on how to move forward in your situation.
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