Clovis Man Killed in San Francisco Pedestrian Accident
A Clovis man was killed, and his wife was injured in a San Francisco pedestrian accident on July 21, 2019 afternoon. The incident occurred around 2:00 p.m. at Taylor Street and O’Farrell Street. The driver of a Tesla reportedly ran a stoplight and was broadsided by a Mini Cooper. The impact of the collision propelled the Tesla out of control, causing it to hit a Clovis couple in a crosswalk. The man and his wife were transported to the hospital for immediate treatment. The wife was reported to be in critical condition. Sadly, the husband succumbed to his injuries during hospitalization. Officials have identified the decedent as 39-year-old Benjamin Dean of Clovis. I would like to send my heartfelt thoughts and prayers to the loved ones of Mr. Dean in their time of loss.
Tesla Driver Arrested in San Francisco Pedestrian Accident
A preliminary report by the San Francisco Police Department suggested that the 22-year-old motorist who rented the Tesla was arrested on two charges. These included suspicion of running a stoplight and involuntary manslaughter. It is unknown whether the driver will face additional offenses for the incident.
Loss of a Loved One in a San Francisco Pedestrian Accident
Nothing is more devastating than losing someone you love in a pedestrian accident, especially when it could have been prevented altogether. Anger and frustration can compound the grieving process and make it unbearable. Whatever your experience with grief is, it is essential to be patient and let the healing process unfold naturally.
What is Wrongful Death?
Wrongful death is considered a loss of life resulting from a car wreck, pedestrian accident, or other situation in which the death could have been prevented. Immediate family members of the decedent may be able to hold those responsible for the death in a wrongful death claim. This includes the deceased person’s spouse, domestic partner, or children. Others may be eligible to file for wrongful death if such parties do not exist. This includes the putative spouse, children of the putative spouse, stepchildren, and parents.
What is a Wrongful Death Settlement?
No amount of money can bring back a lost loved one. However, holding the negligent party responsible through a wrongful death action may help provide some sense of closure. A settlement from a wrongful death case may also help cover financial losses. Such expenses are critical, especially when coming to terms with a loved one’s unexpected death. Surviving family members of the deceased may be able to pursue economic and noneconomic damages for:
- Costs of funeral and burial services
- Emotional suffering and mental anguish due to the loss of a loved one
- Expected income and loss of inheritance
- Expenses for the medical care the decedent received before he or she passed away
- Loss of benefits such as 401k, pension, and health insurance due to a loved one’s unexpected death
- Loss of guidance, love, companionship, and moral support the family member provided
- Value of household services the loved one would have provided to the family
For more information on wrongful death claims, watch the video below.
Is There a Statute of Limitations on Wrongful Death?
Under California law, surviving family members are allowed two years from their loved one’s death date to file a Fresno wrongful death claim. This is by California Code of Civil Procedure Section 335.1. A much shorter deadline applies if government entity negligence is involved, like poorly placed crosswalks or lack of pedestrian crossing signs. Such cases must be filed within six months or 180 days from loss. If a claim is not filed within the applicable statute of limitations, the court may dismiss the case, and the family may lose the right to recover compensation.
Does Insurance Cover Pedestrian Accidents?
A family who has lost a loved one in a pedestrian accident may be able to file a third-party claim against the negligent driver’s insurance policy for damages incurred. When the responsible party has little to no insurance, surviving family members may contact the decedent’s car insurance policy for coverage. This is possible only if they have uninsured/underinsured motorist protection. A commercial insurance policy may be available when a pedestrian accident involves a rental vehicle such as the one discussed above. However, commercial policies often have higher coverage limits. This may mean claims adjusters may find ways to limit the amount they pay for a claim or deny it altogether. This is why having an experienced attorney on your side is critical to ensure insurance carriers do not take advantage of you and your family.
How Can an Attorney Help Our Family?
Navigating a wrongful death case by yourself can be challenging. Seeking the assistance of an experienced wrongful death lawyer can prove invaluable. An attorney with years of experience handling wrongful death claims understands the legal complexities involved and can strengthen the case by using the resources available to them. This way, the lawyer can build a strong case for fair compensation while the family focuses on recovering and grieving.
Fresno Pedestrian Accident Lawyer
I’m Ed Smith, a Fresno pedestrian accident lawyer. A pedestrian accident can lead to some of the most traumatic injuries on the spectrum. In other cases, they can result in fatal consequences for those involved. If you or a loved one has been injured or killed in a pedestrian accident caused by a negligent or reckless driver, please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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If you would like to know more about our law office and prior cases we have handled, please visit our Verdicts and Settlements page.
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