Man Killed in Stockton Pedestrian Accident
A man was killed in a recent Stockton pedestrian accident. The incident occurred shortly after 5:00 in the morning along East Dr. Martin Luther King Jr. Boulevard. A pedestrian attempted to cross the street when he was hit by an eastbound Ford Explorer SUV in the No. 1 Lane. The motorist stayed at the scene and cooperated with authorities conducting the investigation. The pedestrian was transported to the hospital where he was later pronounced deceased. The San Joaquin County Sheriff’s Office has identified the decedent as Candido Gomez, a 55-year-old resident of Stockton. I would like to send my healing thoughts and prayers to the loved ones of Mr. Gomez in their time of loss.
Why Pedestrian Accidents Happen?
There are a variety of factors and conditions that can lead to a pedestrian accident. These include:
- Distracted driving
- Driving while fatigued
- Drunk driving
- Failure to yield to a pedestrian at a marked crosswalk
- Ignoring traffic signs and signals
- Inclement weather
- Not looking for walkers when reversing out of a parking space or turning right
- Speeding
Pedestrian Injuries from an Auto Accident
The severity of a pedestrian injury will depend on how fast the vehicle was traveling and the area of impact. Some of the more common injuries suffered by pedestrians include broken bones, internal trauma, facial scarring, and traumatic brain injuries. In other cases, the pedestrian may succumb to their injuries.
What Can Be Recovered in a Wrongful Death Claim?
Coming to terms with the loss of someone you love can be challenging. Expenses can mount while you and your family are trying to get your lives back together. If a negligent motorist is responsible for your loved one’s death, you may be able to file a wrongful death claim against that person for reimbursement of those expenses. These include:
- All reasonable and customary funeral and burial expenses
- Costs of household services provided by the decedent to the family such as childcare and lawn maintenance
- Loss of consortium, affection, and moral support
- Loss of future income for the household which can be estimated by an economist based upon the decedent’s age, health, gender, education, and other factors
- Loss of inheritance and gifts that would have been provided by the decedent
- Loss of society, companionship, guidance, and care
- Medical bills related to the accident that ultimately caused death
- Mental anguish and emotional suffering
- Punitive damages may be claimed if the death was caused by an egregious act such as driving under the influence
Who Can File for Wrongful Death?
Not everyone is eligible to file a claim for wrongful death. In California, that right is reserved for the children, spouse, or domestic partner of the deceased person. If such parties do not exist, the putative spouse, parents, and stepchildren of the deceased may be eligible to file. These parties must be able to prove they were financially dependent on the deceased for at least 50 percent. For more details on wrongful death eligibility requirements, watch the below video.
Statute of Limitations
There is a specific length of time a family has to file for wrongful death. This is known as the statute of limitations. In California, surviving family members have a two-year window to file a claim. For claims involving government negligence, a case must be filed within six months or 180 days from the time of loss. Failing to meet this deadline may result in the case being dismissed by the court.
How an Attorney Can Help
No family deserves to endure a sudden loss without help. Reaching out to an experienced attorney is essential in times like these. A lawyer can help support you and your wrongful death case while you focus on recovering and grieving from your loved one’s unexpected death.
Stockton Personal Injury Lawyer
I’m Ed Smith, a Stockton personal injury lawyer. Suffering injuries or losing a loved one in a pedestrian accident can be overwhelming. If you or a loved one has been injured or killed in a crash caused by the fault of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 for free, friendly case advice.
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