Pedestrian Fatality on Woodland Avenue in Modesto
The Modesto Police Department (Modesto PD) reported a pedestrian fatality on Woodland Avenue on the night of Thursday, April 22, 2021. The incident occurred at approximately 9:16 p.m. on Woodland Avenue just west of Graphics Drive.
A preliminary report by Modesto PD suggested that a 22-year-old man was driving a Ford Ranger eastbound on Woodland. For unknown reasons, the Ford driver allegedly lost control of the vehicle and crashed into a parked vehicle and pedestrian. Investigators have not yet determined whether the pedestrian was near the parked car or was on the sidewalk at the time of the crash.
The pedestrian was transported to an area hospital, where they were later declared deceased. The Ford driver was arrested on suspicion of driving on a suspended license, hit and run, driving under the influence causing bodily injury, and gross vehicular manslaughter while intoxicated. Further details on the fatal pedestrian accident were not immediately available.
Losing a Loved One in a Fatal Accident
The loss of a family member due to another person or entity’s negligence is heartbreaking. Not only will surviving family members deal with mental anguish, but they may also face financial hardship. This is especially true if the decedent was the primary provider of the family. Consequently, survivors may need to retain an attorney who can help obtain justice and fair compensation on their behalf.
Wrongful death occurs when someone else’s negligence results in the loss of life. In the case of a fatal pedestrian accident, surviving family members may bring a wrongful death claim against the at-fault party and their insurance company for damages incurred. With this type of case, the goal is to provide survivors a sense of justice, knowing the negligent driver has been held financially accountable for their wrongdoing.
Is There a Filing Deadline on Wrongful Death Cases in California?
A statute of limitations applies to wrongful death cases in California. This means there is a designated time limit within which survivors must file a lawsuit in civil court. Once the deadline has expired, any claim brought against the at-fault party may be dismissed by the court, and the family may lose the right to recovery of resulting losses.
In California, there is a two-year statute of limitations on cases arising from wrongful death car accidents. This means survivors have two years from the date of the fatal incident to file a claim on behalf of their lost loved one. Bringing such cases often requires the collection of critical and compelling evidence. All of which may be lost or destroyed over time.
For this reason, it is critical to retain an experienced attorney early in the claims process to ensure all evidence is gathered and preserved to present your case in court, if necessary. Details on how to find the best lawyer to handle your case are available in the video below.
Importance of Working with a Lawyer
Filing a wrongful death claim is only half of the process. The other half is comprised of handling negotiations with auto insurance companies. This can be challenging, particularly if the insurer disputes liability for the incident or the value of damages incurred.
Surviving family members will need an attorney to negotiate with difficult insurers on their behalf to ensure they receive compensation for medical expenses, funeral costs, mental anguish, lost future financial support, and other losses. If a family attempts to handle the claims process on their own, there is no doubt that insurance providers may retain defense counsel who can take advantage of you and your vulnerable situation by offering a low-ball settlement.
As such, you can avoid accepting a lower settlement offer for the compensation you are entitled to by retaining an experienced injury attorney. Our law firm offers free case evaluations, so there is nothing to lose and so much knowledge to gain when you speak to a member of our legal team.
Wrongful Death Attorney in Modesto
I’m Ed Smith, a Modesto wrongful death attorney. Nothing fully prepares a family for the loss of a close relative. The death can be more challenging to comes to terms with when the loss was caused by someone else’s negligence. For this reason, surviving family members need guidance from an attorney who is experienced in handling wrongful death cases. If you have lost a loved one in a fatal accident caused by a negligent driver, please call our law firm today for free, friendly advice from one of our lawyers at (209) 227-1931 or (800) 404-5400. We have handled cases like yours since 1982 and have the experience, skills, and resources necessary to obtain the justice and compensation you deserve.
See what past clients have had to say about working with our legal team at these links:
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To see the types of cases our law firm has handled and their results, go to our Verdicts and Settlements page.
Photograph Source: https://pixabay.com/photos/love-gold-rose-cemetery-grave-dead-4814488/
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