Pedestrian Fatality Occurs at Ashlan Avenue Intersection
A traffic collision in Fresno on December 19 resulted in a pedestrian fatality. The accident occurred at the Ashlan Avenue intersection with Blythe Avenue around 6:00 p.m., according to the report issued by the Fresno Police Department. No additional information was provided.
Motorist Causes of Pedestrian Fatality Accidents at Intersections
Negligence is one of the primary causes of pedestrian fatality accidents at intersections. A driver who is not paying attention and does not adhere to the rules of the road can easily cause an accident that results in severe injuries or even death. Common types of negligence-related accidents include failing to halt at a red light or stop sign, not yielding the right-of-way to pedestrians and distracted driving, such as texting while behind the wheel.
Additionally, drivers who are under the influence of drugs or alcohol are much more likely to be involved in an intersection accident that leads to serious injury or death. Inattention due to speeding and failure to look out for pedestrians when making a left turn or backing up can also lead to a serious accident. In others, fatigue may result in a pedestrian accident because the driver is too tired to safely handle a car.
Recovery of Damages in California for a Pedestrian Fatality Accident
In California, a wrongful death claim may be filed in civil court by the surviving immediate family members of someone who died due to the negligence of another. This type of lawsuit is used to recover damages for the bereaved family, including funeral costs, as well as loss of income and companionship.
In cases involving pedestrian fatality accidents, these damages may also include pain and suffering endured by the decedent prior to their death if a survival action is filed. In addition, punitive damages may be awarded if recklessness or intentional misconduct was involved in the accident that caused the person’s demise.
Proving Negligence to Support a Wrongful Death Claim
When pursuing damages for a wrongful death lawsuit based on a pedestrian fatality accident, it is important to establish that one or more parties were legally at fault. This includes proving that the negligent party had a duty of care to the decedent and that this duty was breached. It is also necessary to demonstrate that the breach of duty directly caused the death of the pedestrian and that damages are being sought by surviving family members as a result. An accident attorney can investigate the case to collect evidence against the at-fault party to support the claim.
It is important to note that losing a loved one in an accident that never had to occur can be incredibly trying as they deal with their grief. By recovering compensation for the wrongful death, they can concentrate on healing from their loss and obtain justice for their loved one while avoiding the financial stress it has brought.
Fresno Personal Injury Lawyer
I am Ed Smith, and I am a Fresno personal injury lawyer. Please feel free to call us at (559) 377-7676 or (800) 404-5400 for free and friendly advice about filing a claim for wrongful death. Your family can contact us for a free consultation with one of our accident attorneys to discuss your case, your options for recovering compensation and answer any questions you may have. Please feel free to contact us online as well.
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