Highway 50 Accident Claims a Life as the Man Runs Across the Highway
A pedestrian fatality was reported by authorities on August 12 after the young male driver struck a guardrail, exited his vehicle, and was hit and killed by a passing motorist. The accident happened along Highway 50 close to Folsom at around 2:41 in the morning. According to the accident report by the California Highway Patrol (CHP), they had received a notice that a pickup had struck the median on the highway near Prairie City Road.
Deceased Pedestrian Had Been Involved in an Accident
The pickup reportedly struck a metal guardrail two times before ending up in the median of the freeway. The driver of the pickup, age 22, got out of the vehicle and ran across the eastbound lanes, where he was hit by another car. Authorities pronounced the young man dead at the pedestrian fatality accident scene.
Pedestrian Fatality Accident Still Under Investigation
The identity of the pedestrian has not yet been released pending the notification of the family by the Sacramento County Coroner’s Office. The CHP said the use of alcohol or drugs as a factor in the accident was unclear.
Wrongful Death as the Cause of a Pedestrian Fatality
Pedestrians are vulnerable when they become involved in a collision with a motor vehicle. According to the California Office of Traffic Safety, there were 972 pedestrian fatalities caused by motor vehicle collisions in 2019. When the driver is at fault, the family may decide to file a wrongful death claim, which can help them financially during such a trying time. Under California law, the immediate family members may recover the following damages:
- Recoverable damages include the cost of the funeral and burial expenses.
- The wages the deceased person would have earned until their retirement age is recoverable. This includes other benefits of the job, including bonuses, insurance, and pension.
- The surviving spouse can claim damages for the loss of consortium, affection and support the decedent provided.
- Loss of inheritance is recoverable.
- The loss of guidance, support and training of the family’s children can be recovered.
- In the event the family member’s death was especially egregious or intentional, they can ask for punitive damages. Punitive damages are meant to punish the wrongdoer and discourage further actions of this kind. The amount awarded is often much higher than other damages and is in addition to them.
Who Is Eligible to File for Wrongful Death in a California Pedestrian Fatality?
Immediate family members of the deceased may join in a claim for wrongful death, including:
- The surviving spouse or putative spouse may file. A putative spouse is a person who believes they were legally married to the decedent, but it turns out they aren’t.
- Natural and adopted children of the decedent may file.
- Stepchildren who received at least half their support from the decedent can file.
- Children of a deceased child of the decedent may file for wrongful death.
- Parents may file if they received at least half their financial support from the deceased family member.
Wrongful Death Lawyer in Folsom
I am Ed Smith, a wrongful death lawyer in Folsom. The loss of a loved one is a tragedy at any time but especially when it was caused by a negligent driver. The family may want to file for wrongful death, which won’t ease their grief but can possibly result in obtaining some sense of justice for the loss. Phone us for compassionate, free and friendly advice at (916) 921-6400 or at (800) 404-5400. If you prefer, you can message us online.
Since 1982, we’ve successfully helped many grieving families with their wrongful death suits, and have recovered fair compensation for all types of traffic accidents, product liability lawsuits, and others.
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Photo attribution: https://pixabay.com/photos/candle-light-candlelight-flame-2038736/
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