Fresno Pedestrian Accident Kills Man in Wheelchair
A man in a wheelchair was killed in a pedestrian accident near central Fresno on the morning of April 1, 2019. The incident occurred shortly before 6:00 a.m. along Cedar Avenue in the vicinity of Fountain Way. Police reported that the man was struck in a dark area of the road. The motorist stayed after the crash and has been cooperating with investigators. The intersection was closed down for several hours as officials reconstructed the collision scene and collected evidence. The man was taken to the hospital where he later passed away. Officials have identified the decedent as 65-year-old Hubert Mullins of Fresno. I would like to send my thoughts and prayers to those mourning the loss of their loved one during this difficult time.
Proving Liability in a Pedestrian Accident
A motorist can be held responsible for a pedestrian accident if they have behaved carelessly or negligently leading up to the incident. This can include speeding, failure to yield the right-of-way to a pedestrian, disobeying traffic signals, driving while distracted, and drunk driving. It is essential to collect as much evidence as possible at the time of the car accident to establish liability. This can include traffic collision reports, witness statements, video surveillance, and photos of the collision scene. Since California is a comparative fault state, it is also crucial to retain an attorney to ensure fault is not falsely pinpointed on the injured or deceased pedestrian.
Wrongful Death in a Pedestrian Accident
A wrongful death claim can warrant financial compensation to reimburse a number of expenses as well as emotional needs. These include:
- Costs of a funeral and burial for the deceased
- Emotional trauma and mental anguish
- End-of-life medical care
- Loss of financial support
- Loss of household services
- Loss of consortium
- Loss of love, companionship, and moral support
Who Can File a Wrongful Death Claim?
In California, certain parties can file a wrongful death claim to recover damages. These include the decedent’s domestic partner or surviving spouse and the children of the deceased. If such parties do not exist, the putative spouse, children of the putative spouse, and other dependents of the decedent such as parents or stepchildren may be able to file a claim. Moreover, dependents must have relied on the deceased for at least 50 percent of their financial support. To learn more on who can file for wrongful death, watch the below video.
How Long Do I Have to File for Wrongful Death?
In a wrongful death claim, there are specific filing requirements that must be met. The time limit for which a claim must be filed is known as the statute of limitations, which is two years from the date of death in California. For any case where government entity negligence is involved, a claim must be filed with the entity within six months or 180 days from the date of harm. If this deadline is not met, the family of the decedent will not be able to seek compensation for wrongful death damages.
How a Fresno Wrongful Death Attorney Can Help
Losing someone you love in a pedestrian accident is devastating. An experienced wrongful death attorney in Fresno can help a grieving family by investigating the accident, establishing liability, and proving the impact of the loved one’s death on the family. This way, the attorney can negotiate with the insurance company to obtain a favorable outcome. If all attempts at a fair settlement fail, the lawyer can take the matter to trial, if necessary.
Fresno Personal Injury Lawyer
I’m Ed Smith, a Fresno personal injury lawyer. A pedestrian accident can have an everlasting impact on the life of the injured or deceased party and their family. If you have suffered serious injuries or lost someone you love in a pedestrian accident caused by the fault of a negligent motorist or entity, please give me a call to receive my compassionate, free and friendly advice. You are welcome to phone me at (559) 377-7676 or toll-free at (800) 404-5400.
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I hold membership in the California chapter of the Million Dollar Advocates. This forum is comprised of trial attorneys that have a history of obtaining $1 million or more for a client. I am also a member of the National Association of Distinguished Counsel. This organization recognizes lawyers who uphold high standards of legal excellence in their practice.
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