Man Killed After Pedestrian Collision in Modesto
A man was killed after a pedestrian collision on Highway 99 in downtown Modesto, CA, on the morning of Monday, August 10, 2020. The fatal pedestrian accident occurred on the northbound side of State Route 99 and the Sierra Drive overcrossing shortly before 3:00 a.m. The California Highway Patrol (CHP) said a man was walking on the side of the highway when he was hit by a car. The impact propelled him into the middle lane, where a second vehicle crashed into him. This caused the second car to lose control and strike a guardrail. Sadly, the pedestrian, 41-year-old Modesto resident David Lawson, was pronounced deceased at the scene. Their identity has been withheld due to pending notification of next-of-kin. The driver of the second vehicle remained at the scene, but officials are still trying to locate the first driver that crashed into the pedestrian.
Loss of a Loved One After a Modesto Pedestrian Collision
The loss of someone you love can be extremely challenging to come to terms with. This is especially true if the loss was sudden or if there was a sense that the death could have been prevented in some way. If you have lost a close relative in a fatal accident, you and your family may be suffering from grief. You all may also be seeking answers to your questions while trying to move forward with your lives.
In cases where negligence caused or contributed to a fatal injury in a pedestrian accident, specific surviving family members may have the legal right to seek wrongful death damages from insurance companies representing negligent parties. If the driver responsible for the fatal pedestrian accident fled the scene and cannot be located, a claim may be brought with the decedent’s insurer if they have uninsured motorist coverage (UM). If the deceased relative did not have insurance but lived with a family member who carried UM coverage, a claim may also be brought against that policy for a fatal hit and run accident. Discuss your case with an experienced Modesto wrongful death attorney who can help you understand your rights and options for recovery under California law.
What Types of Damages Can Be Recovered in a Wrongful Death Claim?
California law allows surviving family members to seek financial compensation from negligent parties by filing a wrongful death claim. While no amount of money can undo the pain that has been suffered in the loss of a close relative, any wrongful death damages recovered can be used to help offset the financial hardship suffered as a result of a fatal pedestrian accident. This includes recovery of these economic and non-economic damages:
- Costs of medical care, treatment, and hospitalization received by the decedent before they passed away (this may be recovered through a survival action)
- Expenses for a loved one’s funeral and burial services
- Loss of advice, companionship, comfort, guidance, and society the deceased provided the family.
- Lost income, benefits, and future earnings the decedent would have continued to provide if not for the fatal incident.
- Punitive damages are those that are paid by the at-fault party as a way of punishing them for their egregious actions and to deter the same type of behavior from them and others in the future.
If you would like to know more about the wrongful death claims process and how it can help your family, watch this video.
What is the Filing Deadline for a Wrongful Death Lawsuit?
Under California law, the surviving spouse, domestic partner, or child of the deceased has two years from the date of their loved one’s passing to file a wrongful death lawsuit. If such relatives are non-existent, others may be eligible to recover wrongful death damages under the California Code of Civil Procedure Section 377.60. This may include the decedent’s surviving putative spouse, parent, stepchild, or child of the putative spouse. If a settlement is not reached with the insurance company or a lawsuit is not filed within the statutory deadline, the right to recover wrongful death compensation may be lost. That is why it is essential to work with an experienced wrongful death attorney in Modesto. A lawyer who is experienced in handling wrongful death cases can gather and preserve all the necessary evidence to support the claim.
How Can a Wrongful Death Lawyer Help my Family?
The Modesto wrongful death lawyers of AutoAccident.com understand that it is a challenging time whenever a loved one is lost in a fatal accident and can take on the burden for you. We can handle all aspects of your wrongful death case so you and your family can focus on recovering and grieving your loss. We are compassionate, caring, and dedicated towards each family we represent and will work diligently to obtain the justice and compensation they are rightfully owed. Let our legal team help you through this difficult time today.
Personal Injury Lawyer in Modesto
I’m Ed Smith, a Modesto personal injury lawyer. The unexpected loss of a close relative can be emotionally and financially devastating. Surviving family members may be left struggling to make ends meet after a loved one was lost, especially if they were the primary provider of the family. As an experienced personal injury attorney, I can guide you and your family through the wrongful death claims process and provide the utmost care and compassion you all deserve. I offer free, friendly legal advice and can discuss your wrongful death case at any time at (209) 227-1931 or (800) 404-5400.
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