Fatal Injuries Reported in Lodi Pedestrian Accident
I’m Ed Smith, a Lodi wrongful death attorney. A woman lost her life in a pedestrian accident near Lodi on July 9, 2018. At approximately 11:15 in the morning, a woman was reportedly running across the southbound lanes of Highway 99 in the vicinity of the interchange for Turner Road. When she approached the left lane of the roadway, she was hit by a 2001 Chevrolet Silverado pickup truck, who was traveling at highway speed at the time of the pedestrian accident. The impact from the collision reportedly propelled the woman into the center median and, unfortunately, caused her to suffer fatal injuries at the scene. Her identity has been withheld by authorities due to the pending family notification.
My sincere thoughts and sympathy are with the friends and family of the victim during this heart-wrenching time.
Accident Investigation
The cause of the accident is unknown due to an ongoing investigation by the California Highway Patrol (CHP). Authorities noted in their preliminary report that neither drugs nor alcohol were a factor with the motorist. However, it is not yet known whether the pedestrian was under the influence as toxicology reports are pending.
Wrongful Death
In California, wrongful death is defined as the loss of life due to the negligence by another individual or entity. This means that the individual or entity breached their duty of care they owed to the decedent and can be held responsible for the person’s death if negligence is proven on their part. Some of the common causes of wrongful death include:
- Motor vehicle accidents, including those with large trucks, motorcycles, pedestrians, and bicyclists
- Medical malpractice
- Products liability, if the product was determined to be defective or dangerous for consumer use
- Workplace accidents caused by the fault of another person or employer
Recoverable Damages in a Wrongful Death Claim
Most traffic accidents, particularly those involving pedestrians, are caused by motorist error. This may not be the case in the situation above. However, if an individual loses their life in an accident due to another driver’s negligence, a claim for wrongful death can be brought to help compensate the bereaved family for their tragic loss. The damages that can be recovered in these types of claims include:
- Funeral and burial expenses
- End-of-life medical expenses can be recovered through a survival action (e.g., the decedent lived for a short time during hospitalization before they succumbed to their injuries)
- Lost benefits such as pension the decedent would have received had he or she lived
- Emotional distress and mental anguish caused by the loss of a loved one
- Loss of consortium
- Loss of attention, love, moral support and community
- Support and household services provided by the decedent
Watch YouTube Video – By Lodi Wrongful Death Attorney Ed Smith – What is a Wrongful Death Claim?
Who Can File a Wrongful Death Claim?
The following individuals under California Code for Civil Procedure section 337.60 may be eligible to file a wrongful death claim:
- A surviving spouse or domestic partner
- Any minors within the decedent’s household who received half their support from him or her
- Children of the decedent
- Parents or stepchildren who were financially dependent on the decedent for more than fifty percent of their income
How a Wrongful Death Lawyer Can Help
When a pedestrian loses their life in an accident due to the negligence of another party or entity, family members of the decedent may be entitled to bring a claim for wrongful death. Although no amount can bring a loved one back or help with the grief felt by friends and family, it can assist the family in recovering compensation to help them move forward. If you are facing expenses related to the death of a family member, it is important to contact an experienced wrongful death lawyer in Lodi to discuss your options.
Lodi Personal Injury & Wrongful Death Lawyer
I’m Ed Smith, a Lodi wrongful death attorney. Coping with the loss of a loved one can be one of the most devastating life experiences, especially when that death was the result of someone else’s negligence. If this has happened in your family, I am truly sorry for your loss. Please feel free to give me a call any time at (209) 227-1931 or toll-free at (800) 404-5400 to receive compassionate, free and friendly advice.
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