Clovis Man Died in Motorcycle Crash
A 51-year-old Clovis man was killed in a motorcycle accident on the afternoon of July 16, 2019. The crash occurred around 5:40 p.m. along Highway 168 near Shaver Lake. A preliminary report by the California Highway Patrol (CHP) suggested that a 19-year-old was driving a Dodge Caravan in the area and stopped to make a U-turn in the westbound lane. The Dodge reportedly entered the path of a motorcycle rider, who did not have enough time to react to avoid a crash. The biker was propelled off his motorcycle and into the side of the Dodge. First responders were called to the scene to render aid to the injured motorcyclist. Sadly, he was pronounced deceased at the scene by emergency personnel. The motorcycle rider has been identified as Central Unified School District Chief Business Officer, Kelly Porterfield. A GoFundMe page has been created on behalf of Mr. Porterfield’s family to help them through this challenging time.
Losing a Loved One in a Motorcycle Accident
Coping with the loss of someone you love in a motorcycle accident may seem challenging, particularly when your loved one’s death could have been avoided altogether. Grief is a natural response to death, and there is no right or wrong way to grieve. Healing after such a loss comes with time, and it cannot be hurried or forced. However, some financial and legal concerns should be addressed following the death of a loved one. Insurance companies may try to take advantage of a family during such vulnerable times. They may use tactics to delay or deny payment of a motorcycle accident claim. In such cases, it is often necessary to retain an attorney to ensure your family is legally protected during the grieving process.
What is Wrongful Death?
Losing a loved one is a challenging and devastating experience. When it is caused by the negligence or recklessness of another driver or entity, this may constitute wrongful death under the law. After a loved one’s passing, the surviving family members of the decedent may be able to file a Fresno wrongful death claim against the negligent party for damages incurred. To learn more about wrongful death cases, watch the below video. If you have questions about your particular situation, contact an experienced wrongful death lawyer in Fresno.
What Damages Can Be Recovered in a Motorcycle Accident Claim?
Recovery for the wrongful death of a loved one in a Fresno motorcycle accident is intended to offset the financial and emotional hardships experienced by the family. Compensation for such claims consists of two types of damages, economic and noneconomic. They include:
- Emotional Suffering: Families may be compensated for the emotional pain they have experienced after the wrongful death motorcycle accident. This includes feelings of grief and anxiety.
- Funeral Expenses: Any bills associated with a loved one’s funeral and burial services may be recovered.
- Household Services: Any services provided by the decedent to the household such as childcare, cooking, and vehicle maintenance may be considered for compensation. An economist may be hired by your Fresno wrongful death lawyer to testify the financial value of those services in the marketplace.
- Medical Expenses: Costs of end of life medical care incurred on the decedent’s behalf before death are recoverable through a survival action.
- Lost Inheritance: This is calculated as the present value of the amount that the deceased would have reasonably added to the estate and left to the beneficiaries had the decedent not have suffered a premature death.
- Lost Support: This includes the wages the decedent would have earned had he or she survived the motorcycle crash. It also consists of the benefits the deceased would have received through his or her employer. They include 401k, pension, and medical insurance.
Is There a Statute of Limitations on Wrongful Death?
A wrongful death claim is subject to a statute of limitations. This means that a claim must be filed within a specific amount of time after the death. Under California Code of Civil Procedure Section 335.1, there is a two-year window to bring a claim for a loved one’s death. Once the deadline has passed, the case may be dismissed by the court, and the right to recover compensation may be lost.
How a Wrongful Death Lawyer Can Help a Family
When you lose someone you love, you and your family do not have the time to deal with insurance companies and investigators. Your focus should be on grieving and recovering from your loss. You can do so by retaining an experienced Fresno wrongful death attorney. A lawyer can handle negotiations with insurance companies and ensure your family’s right to fair compensation is protected.
Fresno Motorcycle Accident Attorney
I’m Ed Smith, a Fresno motorcycle accident attorney. When a motorcycle is struck by a vehicle, the consequences can be life-changing. This is especially true when traumatic injuries or death are involved. If you or a loved one has been injured or killed in a motorcycle accident caused by the negligence of another, please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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I have been helping families of Fresno and surrounding communities with their personal injury and wrongful death cases since 1982. To see some of the case results obtained by our law office, go to our Verdicts and Settlements page.
Photograph Credit: By “SplitShire” via Pixabay / Clovis Man Killed in Motorcycle Accident
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