Pedestrian Accident on Highway 41 in Fresno County
A fatal accident involving a pedestrian led to another traffic collision on Highway 41 in Fresno County when a good Samaritan stepped onto the roadway to help. Investigators from the California Highway Patrol (CHP) reported that the pedestrian accident occurred on the night of Saturday, January 2, 2021, on State Route 41 at Friant Road shortly before 11:00 p.m. The pedestrian was hit by two cars and suffered fatal injuries at the scene, CHP traffic officials said.
A passerby saw the pedestrian lying in the road and pulled over to help. As she was stepping onto the highway to help the pedestrian, another vehicle approached and struck her. Authorities said the good Samaritan suffered serious injuries but is expected to survive. All involved parties remained at the scene of the Fresno pedestrian accident, and drunk driving is not suspected to be a factor in this incident. Fresno County officials have not yet identified the decedent due to pending notification of family members.
Loss of a Loved One in a Fresno County Pedestrian Accident
When a loved one dies in a fatal pedestrian accident, sadness and grief may consume surviving family members. The last thing on the minds of survivors is bringing a wrongful death claim. However, when someone else’s negligent actions result in a close relative’s passing, the immediate family of the deceased may have the legal right to seek compensation and justice within a specific time limit. Wrongful death claims may present many challenges, from proving negligence on the part of the at-fault party to calculating full and fair compensation for the family. To provide a lost loved one with the justice they deserve, have a skilled Fresno wrongful death attorney guide you and your family through the claims process.
Who Has Standing to Bring a Wrongful Death Claim in California?
Since wrongful death claims seek compensation instead of criminal action from the at-fault party, only specific relatives may bring a lawsuit on behalf of the deceased in California. The surviving spouse, domestic partner, or children of the decedent have priority for filing a wrongful death lawsuit, as outlined in the California Code of Civil Procedure Section 377.60. In specific instances where the decedent is not survived by a spouse, domestic partner, or child, legal rights for wrongful death compensation may extend to parents, stepchildren, putative spouses, children of the putative spouse, and minors who depended on the deceased for at least half of their financial support.
Types of Compensation Available in a Wrongful Death Claim
Depending on the specific facts and circumstances of a Fresno wrongful death claim, the following may be awarded in a case:
- Medical and funeral expenses
- Financial loss such as lost future earnings, benefits, and inheritance
- Loss of care, protection, and companionship
- Mental anguish and emotional trauma
- Punitive damages if a loved one’s wrongful death was the result of egregious conduct like excessive speeding or DUI
The death of a loved one is a challenging time for the family left behind. Navigating California laws on wrongful death cases can turn into a trying process. For the skills and resources your wrongful death case requires, bring it to the attention of an experienced attorney. For information on what to look for in the best wrongful death attorney in Fresno to handle your case, watch the video below.
What is the Statute of Limitations to File a Wrongful Death Suit in California?
Any wrongful death claim arising from a fatal pedestrian accident must be filed within two years from the date of the incident, per the California Code of Civil Procedure Section 335.1. In specific cases, filing sooner may be required. For instance, if the claim is against a government entity in California, it must be filed within six months or 180 days with the appropriate government agency. If a claim is not filed within the statute of limitations, the court may dismiss the case, resulting in the loss of financial recovery and justice for surviving family members. Other filing criteria and requirements may apply to wrongful death cases from fatal pedestrian accidents, particularly those seeking recourse from an uninsured/underinsured motorist claim. To ensure your case is filed within the legal deadline, it is best to work with an attorney who is experienced in handling wrongful death car accident cases like yours.
Wrongful Death Attorney in Fresno
I’m Ed Smith, a Fresno wrongful death attorney. The devastation and heartbreak that comes with losing a loved one in a fatal pedestrian accident can make it challenging to navigate all that comes with bringing a wrongful death case. If you have lost a close relative in a traffic collision caused by negligence, contact our legal team to discuss how we may be able to help you and your family at (559) 377-7676 or (800) 404-5400. We are available anytime to review your wrongful death case and provide compassionate, free, and friendly legal advice.
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Photograph Source: https://pixabay.com/photos/love-gold-rose-cemetery-grave-dead-4814488/
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