Driver Arrested After Fatal Hit and Run in Fresno
A driver was arrested after a fatal hit and run accident in northeast Fresno on January 8, 2020. The incident occurred shortly after midnight near the intersection of Bullard Avenue and Fresno Avenue. The Fresno Police Department responded to a call of a bicycle accident in the area. When police arrived, the cyclist was hit by a car driven by a 47-year-old man who reportedly fled the scene. The injured cyclist, identified as a man in his mid to late 30s, was transported to Community Regional Medical Center in Fresno, where he later passed away. Officials have identified the decedent as 39-year-old Jesus Echeverria of Fresno. Officers detained the suspect driver shortly after the crash and charged him with vehicular manslaughter and felony DUI.
Can You Get Compensation for a Fatal Hit and Run in Fresno?
When a driver responsible for a hit and run accident has not been located, the decedent’s surviving family may have options for recovery. While the ideal situation is to make the negligent driver pay for damages incurred through their insurance, there are times when this is not possible. If and when the time comes, a family may be able to file a claim with their loved one’s auto insurance policy if they have uninsured/underinsured motorist protection. This may provide compensation up to the policy limits of the insurance plan if the responsible driver is not found. Conversely, this type of insurance may also be used if the driver is later found and carries little to no coverage to compensate the surviving family for their loved one’s wrongful death.
How is a Wrongful Death Settlement Paid Out?
A settlement for a wrongful death claim is generally paid by the insurance company of a negligent driver. In other cases, an uninsured/underinsured motorist claim may cover damages in a wrongful death case if the motorist has insufficient coverage or none at all, for the following:
- Costs of accident-related medical care received by the decedent before they passed away
- Expenses for funeral and burial services
- Loss of affection, companionship, and protection from the decedent
- Loss of a loved one’s future earnings, inheritance, and benefits, such as medical coverage and pension plans
- Punitive damages may be claimed in cases involving egregious misconduct on the part of the negligent driver, such as excessive speeding or driving under the influence
- The value of household services that the deceased would have provided to surviving family members if not for the fatal bicycle accident
For additional information on the wrongful death claims process, watch the video below.
Is There a Time Limit on Wrongful Death Claims in California?
There is a time limit, called the statute of limitations, that is placed on a wrongful death action. This means that a lawsuit needs to be submitted within a specific deadline. Under the California Code of Civil Procedure Section 335.1, a surviving family has two years from the date of their loved one’s wrongful death to bring a claim. If the statutory deadline is not met, the family may lose the right to recover compensation if the case is dismissed by the court.
Do You Need a Fresno Wrongful Death Attorney?
Navigating through the wrongful death claims process may be challenging, and you should not have to do this alone. Retaining experienced legal representation can provide you and your family the peace of mind you need during this difficult time. From the moment you hire a wrongful death attorney from Fresno, you and your family can stop worrying about insurance claims adjusters and unexpected expenses. You can focus on recovering and grieving from your loss, while your attorney concentrates on obtaining the most favorable financial recovery for you and your family.
Wrongful Death Lawyer in Fresno
I’m Ed Smith, a Fresno wrongful death lawyer. If you have lost a close relative in a bicycle accident and the driver who caused the incident fled the scene, you and your family may have options to cover unexpected expenses and help you move forward after this devastating event. Please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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Picture Source: By “webandi” via Pixabay
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