Cyclist Killed After Bicycle Accident in Antioch
The Antioch Police Department (Antioch PD) received a report of a cyclist who was killed in a bicycle accident at approximately 8:20 a.m. on Monday, October 12, 2020. The injury incident occurred on James Donlon Boulevard in the vicinity of G Street. Medical personnel and Antioch PD officers responded immediately and found an unconscious cyclist who had suffered a serious head injury. The bicycle rider, 57-year-old Amy Day of Antioch, was transported via air ambulance to a local trauma center. That evening, she succumbed to her injuries during hospitalization. The driver of the vehicle involved in the cycling crash stayed at the scene and was reported to be cooperative in the investigation. Details surrounding the cause of the bike collision have not yet been released.
What Types of Damages are Available in a Wrongful Death Claim?
No amount of money can ever truly compensate surviving family members for the pain they have suffered and what they have lost because of a wrongful death bicycle accident. Since survivors often face emotional and financial hardship due to their loss, they do not deserve to bear that burden. An experienced wrongful death attorney in Antioch can help a family during their time of loss and grief by handling all aspects of their claim. A lawyer can assess the damages survivors have suffered and demand full and fair financial compensation from the at-fault party and the insurance company. In cases where the driver responsible for the cycling crash does not have insurance or has minimal policy limits to cover losses incurred, a family may be compensated under their policy if they have uninsured/underinsured motorist coverage.
Depending on the circumstances of the wrongful death case and the claimant’s relationship with the deceased, this may include payment for the following economic and non-economic damages:
- Expenses for a loved one’s end of life medical treatment and funeral services
- Loss of parental training, companionship, and guidance for the decedent’s surviving children
- Loss of a loved one’s affection, protection, and society
- Mental anguish and emotional trauma from the loss of a loved one in a bicycle accident
- Value of lost future financial support, which is essential to take into consideration in a wrongful death claim if the deceased was the primary provider of the family
Who is Entitled to Wrongful Death Compensation in California?
A wrongful death case may be brought by the decedent’s surviving family members who suffered economic and non-economic damages related to the loss. In California, this generally includes the immediate family like spouses, domestic partners, and children. Under specific circumstances, putative spouses and their children, as well as financial dependents of the deceased, may bring a wrongful death action. For more information on who can file a wrongful death claim, watch the video below.
When Should a Wrongful Death Lawsuit be Filed for a Fatal Bicycle Accident in Antioch?
Surviving family members generally have two years from the date of the loss of a loved one to bring a claim for financial compensation. This is by the California Code of Civil Procedure Section 335.1. The filing deadline for a wrongful death claim may vary upon the circumstances of the case, particularly if it involves negligence on the part of a government entity, such as lack of bicycle lanes for cyclists. In such situations, a notice of claim must be brought with the appropriate government entity within 180 days or six months, as outlined in California Government Code Section 911.2.
While a family may generally have two years to bring a claim, that does not mean that they should wait to contact a wrongful death attorney in Antioch. The sooner a lawyer is contacted for legal advice and assistance, the sooner a family is aware of their options for recovery. The longer survivors wait to start a claim, the higher the risk that evidence may be destroyed or lost, making the wrongful death case even more challenging to prove.
Wrongful Death Attorney in Antioch
I’m Ed Smith, an Antioch wrongful death attorney. The loss of a loved one in a cycling crash caused by someone else is devastating, especially when emotional and financial hardship is involved. A family should not have to bear these consequences. Fortunately, California law allows survivors the right to take legal action against at-fault parties through a wrongful death claim for justice and compensation. Contact our law firm to learn more about the wrongful death claims process and how we can help you at (925) 428-5220 or (800) 404-5400. Our legal team is available to speak with you anytime and provide free, friendly legal advice.
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