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Cyclist Killed in Fresno County Bicycle Accident

Home » Cyclist Killed in Fresno County Bicycle Accident
September 07, 2019
Edward Smith

Bicyclist Killed in Fresno County 

A cyclist was killed in a Fresno County bicycle accident on September 4, 2019. The crash happened shortly before 6:30 a.m. along Siskiyou Avenue and Olive Avenue, just north of Kerman. According to the California Highway Patrol (CHP), a driver of a pickup truck was headed southbound on Siskiyou Avenue when they tried to overtake a big rig. While doing so, the motorist reportedly crashed into a person riding a bicycle in the northbound lane. Sadly, officials pronounced the 58-year-old cyclist deceased at the scene. The name of the decedent has been withheld by officials until their family has been notified.

Wrongful Death in a Fresno County Bicycle Accident

The loss of a loved one in a bicycle accident is devastating. The grieving process may be compounded with anger and frustration when the death could have been prevented altogether. When the loss was caused by the negligence of another, you and your family may be able to hold that person responsible through a wrongful death claim. Such cases may be time-consuming since specific criteria and deadlines must be met. However, you do not have to handle this alone in this traumatic, stressful time. A Fresno wrongful death lawyer can help you and your family by handling the legal complexities involved in your claim on a contingency fee basis. This means you and your family can focus on recovering from your loved one’s unexpected passing without financial or legal worry.

How Do You Prove Wrongful Death in a Fresno County Bicycle Accident?

To recover compensation in a Fresno wrongful death claim, negligence must be proven on the part of the other driver. To do so, the following elements must be established.

  • The at-fault driver owed a duty of care to the decedent
  • The negligent individual breached or violated that duty of care
  • The breach of that duty resulted in a loved one’s death
  • Surviving family members suffered losses due to the unexpected death

Who Pays in a Wrongful Death Claim?

After a fatal cycling crash, survivors should file a third-party claim with the negligent driver’s insurance company as soon as possible. If that party has insufficient coverage or no insurance at all, a claim may be covered by the decedent’s auto insurance policy if they have uninsured/underinsured motorist coverage. In cases where the deceased does not have auto insurance but lives with someone who does, a claim may also be brought against that policy. The following economic and noneconomic damages may be recovered through these types of claims:

  • Any medical expenses incurred by the decedent is recoverable through a survival action
  • Costs of a funeral and burial
  • Loss of a loved one’s society, comfort, and affection
  • Loss of parental guidance, companionship, and training for surviving children
  • Lost value of household services, inheritance, future financial support, and benefits like pension and medical insurance
  • Mental anguish and emotional suffering

Is There a Statute of Limitations on Wrongful Death?

In California, a family has two years from the time of their loved one’s passing to file a claim for wrongful death. This is by California Code of Civil Procedure Section 335.1. Once the deadline has passed, the case may be dismissed by the court, and survivors may lose the right to claim damages. For more details, watch the below video.

Who Can Bring a Wrongful Death Action?

Under California Code of Civil Procedure Section 377.60, the surviving spouse, domestic partner, or children of the decedent are entitled to wrongful death benefits. Conversely, those who were at least 50 percent dependent on the deceased for financial support may also be eligible to file for wrongful death. This includes putative spouses, stepchildren, and parents. To determine your eligibility for a wrongful death claim, contact an experienced wrongful death attorney in Fresno.

Wrongful Death Lawyers in Fresno

I’m Ed Smith, a Fresno wrongful death lawyer. The loss of a loved one at any age is heartwrenching. If you have lost someone you love in a bicycle accident due to someone else’s carelessness, please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice.

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Photo Source: By “Counselling” via Pixabay

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