Bicyclist Fatality Accident Occurs on Highway 99
A highway bicyclist fatality accident involving a man from Ohio occurred on December 17 in a collision with a motorist. The collision occurred on Highway 99 just past the on-ramp for Bruceville Road at around 5:00 a.m. The California Highway Patrol (CHP) report stated that the Ohio man, age 64, was peddling his bike along the southbound lane in the right shoulder when he was struck by a 58-year-old Sacramento man in a Mazda.
Driver Calls 911 After Allegedly Striking Object in the Road
In the preliminary investigation into how the bicyclist fatality accident occurred, investigators reported that the Mazda driver, going along in the number four lane, said that he struck some type of object, which caused damage to the vehicle’s driver’s side and front end. The driver pulled his vehicle over and called 911. When fire crews arrived, they determined the bicycle rider had been struck by the Mazda and ended up in the Mack Road center median.
Bicyclist Fatality Accident Investigation
The bicycle rider died of the trauma he sustained in the accident. The Mazda driver stayed at the bicyclist fatality accident scene and was cooperating with police. Neither drugs nor alcohol was a factor in the accident, according to the investigation.
Pursuing a Wrongful Death Claim in an Out-of-State Fatality Accident
A court must have jurisdiction over your wrongful death claim for you to file a lawsuit in a particular county or state. You must sue a defendant whose actions caused injuries or fatalities in the state where you are filing your lawsuit.
In order to achieve this, it is easiest to sue at the location where the accident occurred. Because the incident occurred in that state, regardless of whether the defendant is from outside the area, the court usually has jurisdiction.
Recovery of Damages in a California Wrongful Death Claim
Under California law, the personal representative of a decedent’s estate can recover economic and non-economic damages in a claim for wrongful death involving a bicyclist fatality. Economic damages are intended to compensate survivors for expenses related to the death, such as funeral and burial costs, loss of income or support from the deceased and loss of benefits such as health insurance. Noneconomic damages are those intended to compensate for intangible losses, including the loss of love, consortium, comfort, care, guidance and protection that survivors suffer from the death of their loved one.
Noneconomic damages can also include punitive damages in cases where the conduct causing death was particularly egregious and outrageous. The damages available in a wrongful death claim are intended to compensate for the injuries suffered by the survivors while punitive damages are awarded to punish the wrongdoer.
Obtaining Help From an Injury Lawyer
Because wrongful death claims involving a bicyclist fatality are complex matters, it is important that survivors seek legal counsel from an experienced attorney to ensure they receive the maximum compensation possible for their losses. An attorney can also advise them of any other rights and remedies available to them in addition to a wrongful death claim.
Personal Injury Attorneys in Sacramento
I’m Ed Smith, and I’m a personal injury attorney in Sacramento. When someone has died because of a negligent motorist, the family may want to consider filing a wrongful death claim. Contact us for free, friendly and compassionate advice at (916) 921-6400. You can also reach us either at (800) 404-5400 or by connecting with us online.
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