Fatal Bicycle Crash on SR-12 Near Lodi
The California Highway Patrol reported a recent fatal car versus bicycle crash on SR-12 near Lodi in San Joaquin County. The incident occurred shortly before 5:00 p.m. close to I-5, officials said.
Details on the Fatal Bicycle Crash on SR-12 Near Lodi
A preliminary release indicated that a Volkswagen Beetle was traveling on SR-12 when it was involved in a collision with a bicyclist. Sadly, the cyclist suffered fatal injuries in the crash. The San Joaquin County Coroner’s Office has identified the deceased as Gene Benton Jr.
A GoFundMe page has been set up for the family of Gene D. Benton Jr. to assist with final resting services. Further details on the incident have not yet been released. An investigation is ongoing by the CHP.
What is Wrongful Death?
Losing a family member is already a challenging and painful experience, and it becomes even more difficult when the death occurs unexpectedly. The grief of losing a close relative is intensified when their demise results from someone else’s negligence or carelessness. Such losses may cause emotional distress and significant financial hardship for survivors, especially if the decedent was the primary provider of the family household. California law recognizes these losses and allows families to take legal action through wrongful death claims.
The surviving family members of the deceased, such as children, spouse, and domestic partner, have priority for filing wrongful death cases. They may seek reimbursement of various economic and non-economic damages, including loss of present and future financial support, loss of household services, funeral service costs, medical bills (via survival action), and more. In cases where the deceased individual is not survived by a spouse, child, or domestic partner, other filing eligibility criteria may apply. This is outlined in the CCP 377.60.
For a wrongful death case to be viable, specific criteria must be satisfied. The elements that must be proven in these cases include the duty of care owed to the deceased, the opposing party’s breach of duty, the breach was the direct cause of the fatal accident, and survivors experienced damages due to the untimely loss of life. These conditions must be fulfilled to bring a viable case forward. To determine the eligibility of your potential case, it is recommended to seek guidance from an experienced California wrongful death attorney through a free consultation.
What is the Time Limit for Wrongful Death Cases?
The deadline for filing cases for wrongful death is two years from the date of loss, as per CCP 335.1. To seek compensation for any losses incurred because of the accident that claimed a family member’s life, survivors must file in civil court within the two-year period. Failure to protect the statute may result in the loss of the right to seek damages in a civil case. In matters where public agencies are involved and named defendants, the case must be filed no later than six months from the date of loss. An experienced attorney can determine your eligibility and guide you on the appropriate course of action in your case.
Only lawyers with extensive experience in handling wrongful death cases can assist surviving family members in building a strong case to present in insurance negotiations or in court if necessary. You will receive that when you work with our law firm. Here at AutoAccident.com, our legal team has decades of combined experience handling wrongful death cases throughout California, including San Joaquin County. You do not have to worry about upfront fees and out-of-pocket costs for legal representation since we operate on contingency. This means we only get paid if we obtain a successful result for you.
Wrongful Death Lawyer in Lodi
Insurance carriers put in considerable effort to limit payouts in accident cases. Conversely, our legal team at AutoAccident.com is dedicated to optimizing financial recovery for our clients. If you have experienced the loss of a loved one in a crash caused by a negligent party, we are here to help you seek justice and accountability for your loss. Working with a skilled and compassionate lawyer is your opportunity to obtain the financial compensation and closure you need for your recovery. Call us for free, friendly case advice at (209) 227-1931 or (800) 404-5400. Our Lodi wrongful death lawyers are available anytime for free case reviews.
Photo Source: RDNE through Pexels.com
:ds [cs 743]