Woman in Wheelchair Killed in Stockton Accident
A woman in a wheelchair was killed in a Stockton pedestrian accident on the night of July 13, 2019. The crash occurred at approximately 11:30 p.m. along Interstate 5 in the vicinity of Matthews Road. A preliminary report by the California Highway Patrol (CHP) suggested that a 52-year-old woman in a wheelchair was attempting to cross to the right shoulder when she was hit by a van. Sadly, the woman was pronounced deceased at the scene by emergency personnel. Her name has been withheld due to pending notification of her family members. I would like to send my healing thoughts and prayers to the loved ones of the woman who passed away in this tragic crash.
What Are the Common Causes of a Stockton Pedestrian Accident?
When a driver of a motor vehicle and a pedestrian are involved in a collision, it is the pedestrian who is likely to suffer catastrophic injuries or even death. This is why it is critical for motorists to exercise due care in areas where pedestrians tend to be present. Unfortunately, not all drivers are cautious and may cause a pedestrian accident for the following reasons:
- Distracted driving
- Drunk driving
- Failure to yield the right of way to pedestrians
- Not stopping for a pedestrian in a marked crosswalk before turning left or right
- Reversing a vehicle in a parking lot without looking for people walking, including children
- Running a stop sign or traffic light
- Speeding
What is Wrongful Death?
Wrongful death is the legal term used to describe the loss of life resulting from reckless or negligent misconduct. It is typically seen in situations where the fatality was due to a car wreck or pedestrian accident that could have been avoided had due care been exercised.
What Are Wrongful Death Damages?
A wrongful death settlement is intended to offset the emotional and financial losses associated with a loved one’s death. These include:
- Costs of a funeral and burial
- Emotional suffering
- Expenses incurred for end-of-life medical treatment received by the deceased
- Loss of affection, love, guidance, companionship, and moral support provided by the loved one
- Loss of household services and benefits the decedent provided such as pension and medical insurance
- Lost future financial support and inheritance for the family
- Mental anguish
- Punitive damages may be sought in wrongful death car accident cases involving an egregious action such as driving under the influence
For more details on wrongful death cases, watch the video below.
Who Pays in a Wrongful Death Pedestrian Accident?
After a fatal pedestrian accident, surviving family members of the decedent will need to file a third-party claim with the at-fault driver’s insurance company for damages incurred. If the driver has little to no insurance, a case may be filed with the decedent’s own car insurance policy as long as he or she has uninsured/underinsured motorist protection. This type of coverage comes into play when a negligent driver does not have enough insurance or has none at all to cover the pedestrian’s losses. Conversely, it may also be used in a hit and run accident, even if the suspect driver is not located.
What is the Statute of Limitations for Wrongful Death in California?
California places a strict amount of time for which a wrongful death claim must be filed. This is also called the statute of limitations, which is two years from the time of death. If a claim is not filed within this deadline, the case may run the risk of being dismissed by the court.
What Do You Need a Wrongful Death Attorney For?
When an insurance company makes an initial offer for a pedestrian accident claim, it is usually low. Insurers are in business to make high-profit margins and use tactics to limit the amount they payout for a case. This is the last thing a grieving family would want to deal with after losing a loved one. In these situations, a family can turn to an experienced Stockton wrongful death attorney for assistance. An attorney can handle negotiations with the insurance carrier on the family’s behalf to ensure a fair settlement is offered. If all attempts at a favorable recovery fail, the attorney will build a strong case to present in civil court.
Stockton Personal Injury Lawyer
I’m Ed Smith, a Stockton personal injury lawyer. Few things are more painful than suffering a catastrophic injury or losing someone you love. When that injury or death is caused by the negligence of another, an experienced injury attorney can help an injured person or family of a decedent obtain the compensation they need. If you or a loved one has been injured or killed in an accident caused by the fault of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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Picture Credit: By “Juan Pablo Arenas” via Pixabay
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