Driver Arrested for Westley Hit and Run Fatality
A driver has been recently arrested for a Westley hit and run fatality that occurred on March 29, 2019. The motorist, a 34-year-old Whittier man, was driving a white Chevrolet Tahoe along Highway 33 near Cox Road shortly before 2:00 p.m. For unknown reasons, the Chevrolet veered into the oncoming traffic lane and forced another driver to lose control of his vehicle. This caused the other motorist to collide with a pole. The Whittier man reportedly never stopped to help the other driver and left him behind to succumb to his injuries at the scene. Fortunately, the Whittier man was later tracked down by the California Highway Patrol (CHP) with the assistance of U.S. Marshals in Southern California. He was arrested on suspicion of hit and run and felony vehicular manslaughter. This news has brought relief for the family of the decedent, 59-year-old Saul Davis of Patterson, knowing that the person responsible for their loved one’s death is now behind bars. We would like to send our thoughts and prayers to the loved ones of Mr. Davis in their time of loss.
Who Pays in a Westley Hit and Run Fatality?
A hit and run fatality can have a devastating effect on the family. Unlike other car wrecks, hit and run accidents present unique challenges for pursuing a claim. This is especially true when the motorist and vehicle cannot be located. In some cases, the driver may flee the scene for reasons of driving under the influence or not having car insurance. Either of these situations can leave survivors with little to no recourse to recover from negligent parties. Those with uninsured/underinsured motorist protection may be able to submit a claim to their own insurance company for compensation of their loved one’s unexpected death. Keep in mind that even though a claim for damages is being brought against your insurer, this does not necessarily mean that they are on your side. It is essential to discuss the details of your case with an experienced Modesto accident lawyer promptly to assist you through the claims process.
What Damages Are Awarded in a Wrongful Death Claim?
In California, the family of a person who has died in a hit and run accident may be able to pursue a wrongful death claim. These types of cases may be filed for a fatality caused by the negligent, reckless, or careless actions of another party or entity. If successful, a judgment for economic and noneconomic damages may be awarded. These can help a family significantly when it comes to dealing with high end-of-life medical bills, costs of a funeral and burial, loss of income, lost inheritance and benefits, mental anguish, and pain and suffering. While no amount of compensation can ever truly replace the loss of a family member, wrongful death cases can provide a sense of closure for survivors during the recovery process.
Who Can File a California Wrongful Death Lawsuit?
California law dictates who is eligible to file a wrongful death action. Surviving spouses, domestic partners, and children can pursue a wrongful death lawsuit under California Code of Civil Procedure Section 377.60. If such parties are nonexistent, then extended family members such as the putative spouse, children of the putative spouse, stepchildren, and parents may be able to seek compensation on behalf of their loved one.
Why Should I Hire a Wrongful Death Lawyer?
For survivors, a loved one’s wrongful death in a hit and run accident is particularly tragic since it could have been prevented if the other person had been exercising due care. A family may be experiencing grief and financial hardship due to the wrongful death car accident. Hiring a Modesto auto accident attorney who is experienced in handling wrongful death cases is crucial in these situations. An attorney can handle all aspects of the hit and run from conducting an independent investigation to negotiating with insurance companies and presenting a case in court, if necessary.
Modesto Auto Accident Attorney
I’m Ed Smith, a Modesto auto accident attorney. No family ever anticipates the loss of a loved one. Sadly, such losses may seem even more challenging to come to terms with when it involves a hit and run and many, unanswered questions. If you have lost someone you love in an accident due to the negligence of another, I am genuinely sorry for your loss. You are welcome to give me a call anytime at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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