Pedestrian Killed on Highway 99 in Elk Grove by Big Rig
A pedestrian died on October 13 on Highway 99 in Elk Grove when they were struck by a big rig. The accident happened at about 3:43 in the afternoon on southbound Highway 99 in the area south of Elk Grove Boulevard near the Automall. The pedestrian has yet to be identified, pending notification of next of kin. The Elk Grove Police and the California Highway Patrol (CHP) were at the scene, as were the Cosumnes Fire Department. Traffic was blocked in the area of the pedestrian/big rig crash, however, some movement of vehicles was allowed on the left side of the roadway.
Other Highway 99 Pedestrian Fatalities
This is not the first pedestrian fatality in the area. A pedestrian was killed on September 15 on southbound Highway 99 in the vicinity of Grantline Road. The pedestrian in this incident was identified as 42-year-old Jaswinder Singh. The decedent was struck by several vehicles, one of which fled the scene.
Facing the Loss of a Loved One After an Accident
The death of a loved one is often overwhelming. It is all the more so when the person died due to negligence on the part of another person or entity. Suddenly, the family is thrown into a period of disbelief and anger that their loved one was taken from them. With no chance to say goodbye, the family wants to know why the accident happened and who was responsible. They also need to face the person’s loss and deal with the grief they feel. Some ways to do this are:
- Give yourself time to grieve. The period of time you need is not the same as anyone else.
- Talk to your family and friends about what happened and how you feel. Doing this is helpful for everyone.
- Set a new schedule. For many families, the deceased had certain responsibilities. In the new situation, it is important to assign those duties to another family member.
- Make sure that you are eating and sleeping properly. Without remaining physically strong, it will be difficult to face the many things that need to be done.
Wrongful Death Claims
A wrongful death claim can be filed by the survivors of the deceased person or a representative of the decedent’s estate. It is a civil claim and differs from that of a criminal case that may be lodged against the defendant for the person’s demise. A wrongful death claim can continue despite a concurrent criminal case. Only certain individuals are entitled to bring a wrongful death claim to court, such as:
- The decedent’s spouse or domestic partner
- The children of the decedent
- Absent the above survivors, other family members who have the right to inherit by intestate succession can also file. This includes the decedent’s parents and brothers and sisters, putative spouses (those who were not legally married in California but believe they were married), and their children, provided they were dependant on the deceased for support.
- Minors who resided in the household of the deceased for a minimum of 180 days prior to the person’s death and received at least 50 percent of their support from the decedent.
Damages in a Wrongful Death Claim
Some of the damages that can be claimed in a wrongful death are:
- Funeral and burial costs
- Lost income the decedent would have earned now and in the future
- End-of-life medical care expenses
- Cost of household services the decedent provided such as mowing the lawn
- Loss of financial support family members might have received
- Loss of love, emotional support, and guidance
Watch the following video about wrongful death claims presented by attorney Ed Smith:
Liability in a Truck Versus Pedestrian Accident
Truckers have the responsibility of driving in a prudent manner, looking out for pedestrians and others in their path. When a trucker does not do this, they may be held responsible for the loss a family faces. However, if the trucker is employed by a trucking company, their employer is also responsible for the accident. The employer is expected to provide training to their drivers that result in safety on the highway. They are also required to make sure that the truck is maintained and that logs documenting this are in order. In the event that brake or tire defects had a part in the accident, the truck manufacturer may be held responsible for the accident.
What an Attorney Can Do for You
In this difficult time, it is hard to delve into what happened and who is responsible for your loved one’s demise or injury. That is where our firm can help. We know the pain you are feeling and offer compassionate service. Initially, we dispatch our investigative team to the accident scene. There, we look for evidence that sheds light on what happened. We interview witnesses, obtain any available video footage of the accident, and review the police report for accuracy. We also check into any defects in the vehicle that may have caused the crash as well as roadway conditions. Once this data is available, our investigators release it to our lawyers, who use it to build a solid case for our client.
Elk Grove Wrongful Death Attorney
I’m Ed Smith, an Elk Grove wrongful death attorney. If your loved one was killed due to negligence, we can help. Just call us at (916) 694-0002 or at (800) 404-5400 for free and friendly advice. You can also reach out to us online.
I have helped residents of Elk Grove for over 37 years with truck and pedestrian accidents, as well as those that involve brain trauma.
I am a member of the following organizations:
If you want more information about my practice, please visit the following pages:
Photo Attribution: https://www.youtube.com/watch?v=B9-lg0clbRM; https://pixabay.com/photos/roses-morning-mist-cemetery-61203/
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