Pedestrian Killed After Modesto DUI Accident
A pedestrian was killed after a recent DUI accident in Modesto, CA. The auto-pedestrian accident occurred at Ensenada Drive and Coffee Road shortly before 9:30 p.m. According to a Modesto Police Department spokesperson, a man was walking in the area when he was hit by an oncoming vehicle described as a 2015 Nissan Sentra sedan. First responders were called to the scene to assist the injured pedestrian, 36-year-old Psyoth Sao. Sadly, their efforts were unsuccessful as Mr. Sao succumbed to his injuries at the scene. The driver of the Nissan, identified as a Riverbank man, remained at the scene and cooperated with investigators. He was later arrested for reportedly driving under the influence. Additional details regarding the collision were not immediately available.
Loved One Forever Remembered
Psyoth Sao was a beloved son, brother, uncle, and father of his family. Sadly, he was taken away from his loved ones too soon on the day of his youngest brother’s wedding. He is survived by his friends and family, including four children and an unborn child. A GoFundMe account has been established on behalf of Mr. Sao’s family to help cover his final resting expenses.
Loss of a Family Member
The emotional trauma that families experience when a close relative is lost can be devastating and overwhelming. If the death occurred as a result of a preventable pedestrian accident, the grieving process may be compounded by anger and frustration. Surviving family members dealing with grief may also face financial distress. When this happens, a family may seek justice and compensation through a wrongful death claim. This type of case is intended to compensate survivors for the intangible and financial harms they have endured. While no amount of money can ever replace a loved one or undo the pain that has been caused, it may help a family move forward after their loss and secure their financial stability in the future.
What to Do if a Loved One is Killed After a Modesto DUI Pedestrian Accident
After a fatal pedestrian accident, a family of a decedent may wonder how they will be compensated for their loved one’s wrongful death. This is especially true for those families facing financial hardship due to living expenses that were once paid by the decedent’s income. Car insurance companies representing negligent drivers are generally responsible for covering wrongful death damages. However, if the at-fault party has little to no insurance, a family of a deceased pedestrian may be able to file a claim with their own insurer if they have uninsured/underinsured motorist coverage. This type of insurance is intended to supplement or fully cover losses not paid by the negligent driver, including:
- End-of-Life Medical Care: Through a survival action, family members may be able to recover the costs of a loved one’s medical treatment for injuries they sustained before they passed away.
- Funeral Bills: Any expenses related to a loved one’s funeral and burial services are recoverable.
- Loss of a Loved One’s Affection, Companionship, and Guidance: Surviving family members may seek damages for the loss of a close relative’s care, love, moral support, and society.
- Lost Future Financial Support: This includes the expected and reasonable value of the decedent’s monetary contribution, including health insurance and retirement benefits, to their family.
- Mental Anguish: Survivors may be able to be compensated for the emotional distress caused by a loved one’s wrongful death.
- Punitive Damages: Insurance companies generally do not cover punitive damages. However, this type of damage is typically sought from a driver responsible for a wrongful death pedestrian accident. Punitive damages serve to punish negligent drivers for their egregious misconduct (e.g., speeding or driving while impaired) and to deter similar behavior in the future.
If you would like to know more about wrongful death cases, watch the video below for a brief overview.
Who Can File a Wrongful Death Claim for a Modesto Pedestrian Accident?
Under the California Code of Civil Procedure Section 377.60, specific relatives who have lost loved ones are entitled to damages through a wrongful death lawsuit. This includes the decedent’s surviving spouse, domestic partner, or children. Others may be eligible to file for wrongful death under CCP 377.60. To determine your eligibility, contact a Modesto wrongful death lawyer today.
Is There a Statute of Limitations on Wrongful Death?
California law provides surviving family members with the right to bring a wrongful death claim for damages incurred. However, these claims must be filed within a specific amount of time, or they will be dismissed by the court. Under the California Code of Civil Procedure Section 335.1, a wrongful death suit must be filed within two years from the date of a loved one’s wrongful death. Since there are factors that may shorten this deadline, it is best to consult with an experienced wrongful death lawyer from Modesto as soon as possible to ensure your right to fair compensation is protected.
Wrongful Death Lawyer in Modesto
I’m Ed Smith, a Modesto wrongful death lawyer. When a loved one is lost after a preventable pedestrian accident, the family may experience frustration and anger in addition to their grief. A wrongful death claim can help surviving family members seek justice on behalf of their loved one and ensure this type of tragedy does not happen again. If you have lost a loved one in a pedestrian accident caused by a negligent driver, I am here to offer you my compassionate, free, and friendly advice on how to move forward in your situation. You can call me anytime at (209) 227-1931 or toll-free at (800) 404-5400.
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At our personal injury law firm, we understand how challenging it is for a family to lose a loved one to wrongful death and want to make the process as easy as possible for them. To see how we have assisted other families through the wrongful death claims process and their case results, go to our Verdicts and Settlements page.
Photo Credit: By “StockSnap” via Pixabay
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