Pedestrian Identified in Fatal Highway 168 Accident
Officials have recently identified a pedestrian who was killed in a fatal pedestrian accident on Highway 168 in Fresno. The decedent, 23-year-old Marshall Fuller of Clovis, was reportedly walking along the westbound lanes of the highway when he was hit by an oncoming blue Hyundai Elantra. Officials were called to the scene of the pedestrian accident and issued a highway closure for the westbound lanes to conduct an investigation. According to the California Highway Patrol (CHP), it was raining at the time of the incident, which may have made it difficult for the Hyundai driver to see the man walking on the road.
What to Do After a Fatal Highway 168 Accident
The grief and sorrow may be extremely overwhelming after losing someone you love in a pedestrian accident. In times like these, it may be challenging for surviving family members to consider taking legal action when dealing with feelings of anger and frustration toward the person responsible for the death. However, a wrongful death claim may help compensate a family for the harm they have suffered. While compensation may not reduce the suffering caused by a loved one’s wrongful death, it may help the family feel a sense of closure by holding the negligent driver accountable for the incident. A wrongful death claim may also help survivors recover from the financial hardship that an unexpected death may cause.
How is Wrongful Death Compensation Calculated?
Calculating the value of a wrongful death case may be challenging, and in most cases, requires a financial expert to estimate the amount of lost future financial losses for the family. These are often based on various factors, including the decedent’s age, education, and employment history. Specific relatives are entitled to compensation for wrongful death damages under the California Code of Civil Procedure Section 377.60. Surviving spouses, domestic partners, and children may file a wrongful death claim for a fatal pedestrian accident seeking compensation for financial and intangible losses, such as:
- Medical bills for treatment received by the decedent before he or she passed away
- Loss of affection, love, guidance, and moral support
- Loss of services for the household, including childcare and vehicle maintenance
- Lost future financial supports and benefits the decedent would have earned had he or she survived the wrongful death pedestrian accident
- Reimbursement for reasonable costs related to a loved one’s funeral and burial services
Who Pays in a Wrongful Death Claim?
Wrongful death claims are generally covered by the insurance company of the at-fault party. If the negligent driver has little to no insurance, the family may seek recourse through the decedent’s car insurance policy if they have uninsured/underinsured motorist coverage. If the deceased did not have a car insurance policy of their own but resided with someone who had this type of coverage, it may also extend to the decedent so long as he or she was not listed as an excluded member of the policy. For more details on how wrongful death cases work, watch the below video for a brief overview.
How Can a Wrongful Death Attorney Help Our Family?
A wrongful death case involving a pedestrian may be challenging, especially when he or she is no longer alive to give an account of the accident. While the cause of the incident may be clear, the at-fault party may say that the pedestrian was partially or entirely responsible for his or her fatal injuries. Since California follows a system of comparative fault, this may mean that the family of the decedent would only receive a fraction of a fair wrongful death settlement based upon the percentage of fault assigned to their loved one. This is why it is essential to have an experienced Fresno wrongful death attorney at your side. An attorney has the skills and resources to uncover the sequence of events leading up to the incident to properly determine negligence on the part of the driver.
Wrongful Death Lawyer in Fresno
I’m Ed Smith, a Fresno wrongful death lawyer. The loss of a loved one is one of life’s most painful and heartwrenching experiences. If someone else is to blame for your loved one’s unexpected death, the pain may be even more overwhelming to bear. If this has happened to you and your family, you need the compassionate support and effective representation only an experienced wrongful death lawyer can provide. Please call me at (559) 377-7676 or toll-free at (800) 404-5400. I am here to guide you and your family through this challenging time and provide you with my free, friendly case advice.
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I am honored to be a part of the National Association of Distinguished Counsel as well as the Million Dollar Advocates. The first group is comprised of those attorneys who exhibit the highest legal standards in their practice of law. The other forum limits membership to attorneys who have both negotiated and received verdicts for cases calculated to be worth $1 million or more.
To see how we have helped other Northern California residents with their wrongful death cases, go to our Verdicts and Settlements page.
Image Source: By “StockSnap” via Pixabay
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