Fatal Pedestrian Crash Near 23rd Avenue
According to the California Highway Patrol, a fatal big rig versus pedestrian crash occurred on I-880 near the off-ramp for 23rd Avenue in Oakland on July 13, 2023. The incident occurred along southbound Interstate 880 shortly before 3:40 a.m.
Details on the Fatal Pedestrian Crash Near 23rd Avenue
A preliminary release by investigators revealed that an individual on foot was allegedly struck by a big rig. Sadly, the pedestrian suffered fatal injuries, CHP traffic officers said. All southbound lanes of Interstate 880 at 16th Avenue were shut down for around two hours for officials to clear the scene. Additional information was not immediately available. An investigation is ongoing by the CHP.
Important Things to Know About Wrongful Death Cases in California
Any time an individual suffers fatal injuries in an accident, whether the loss of life is months after the incident or immediate, the family of the decedent may have grounds for a claim against the at-fault party. In a pedestrian accident case, survivors may file a claim for wrongful death against the motorist that caused the cycling crash and their insurer. A claim through the decedent’s UM/UIM coverage or that of a household member may be in order if the at-fault party does not have liability coverage or has minimal policy limits. For the latter option, the deceased cannot be an excluded policy member.
The damages that a surviving family member can recover through a claim for wrongful death will depend on their relationship with the deceased. In California, a family member who files a wrongful death action may seek compensation for non-economic and economic damages. In most cases, survivors may seek reimbursement for the income and benefits the deceased would have reasonably earned over the remainder of their career, funeral service costs survivors have faced, mental anguish experienced by the family, loss of companionship, loss of household contributions, and other relevant losses.
Bringing a successful claim for damages requires the claimant to prove that the loss of life was due to someone else’s negligence. A surviving family member bringing a wrongful death claim for a fatal pedestrian accident must prove that their loved one suffered fatal injuries because of a driver failing to exercise due care to them. Survivors can demonstrate facts with clear and compelling evidence, such as a police report, photos of the crash site, copies of the decedent’s medical records, witness testimony, digital reconstruction of the incident by an expert, and more.
Is There a Deadline on Wrongful Death Cases in the State of California?
California has specific rules on filing wrongful death cases. The statute of limitations for these matters is two years from the date of loss. Moreover, priority for filing in these cases generally falls on the surviving children, domestic partner, or spouse. Other relatives may be eligible for filing. This will be determined by the facts and circumstances of the fatal accident case. To learn more about filing and bringing this type of case, contact one of our skilled and compassionate California wrongful death lawyers at AutoAccident.com. Before requesting a free consultation, watch this video about our firm’s services.
Wrongful Death Lawyer in Oakland
The unexpected and tragic loss of a close relative is one of the most challenging experiences a family may ever go through. The devastation may increase when the loss of life was preventable and occurred due to another party’s negligence or carelessness. If a member of your family suffered fatal injuries in an accident through no fault of their own, our legal team can help you hold them accountable for their actions and seek full compensation for your loss. Our Oakland wrongful death lawyers are available to review your case and offer free, friendly advice at (510) 631-0200 or (800) 404-5400.
Since 1982, our law office has helped surviving family members obtain justice by holding negligent individuals and entities accountable for their actions. When you reach out to our firm, a member of our team will be available to take your call, listen to your story, and go over your options for moving forward in your situation. Our injury lawyers at AutoAccident.com goes the extra mile for our clients by stopping at nothing to obtain successful verdicts and settlements. Our work has been recognized by the Top 1 Percent and the Million Dollar Forum. We are California members of these organizations.
You and your family may have many questions about how to proceed after the loss of a loved one in an accident. That is why it is essential to retain legal counsel with experience handling matters like yours and a background of satisfied client reviews. See ours at the links below:
Photo Credit: Pexels – “CottonBro”
:ds llo [cs 802]