Walker on Eastbound I-80 Struck by Two Vehicles
A pedestrian fatality was reported near Fairfield on August 4 after a man on foot was struck by a vehicle as he walked along eastbound Interstate 80. The fatal collision occurred near North Texas Street at around 6:20 a.m. According to reports, the pedestrian was in the roadway when he was hit but not using a crosswalk.
Second Vehicle Involved in Pedestrian Fatality
After being struck by the car, the pedestrian was thrown over a concrete divider into a westbound lane of the interstate where he was struck by a second vehicle. According to the California Highway Patrol (CHP), the pedestrian suffered major injuries and was taken to a hospital, where he died later.
Pedestrian Fatality Investigated
North Texas Street was closed between Pacific and Alaska avenues for several hours after the pedestrian fatality while investigators gathered evidence. The 25-year-old motorist who struck the pedestrian stayed at the scene and cooperated with authorities. Neither speeding nor impairment appeared to be a factor in the fatal accident, according to officials.
Can a Pedestrian Injured by a Motorist Recover Compensation?
If the pedestrian was obeying traffic laws, yes, they can often recover compensation when the driver’s negligence caused their injuries. An accident attorney can investigate the incident to determine fault and collect the evidence necessary to support the injured pedestrian’s claim. Without evidence to support that claim, the injured party will not be able to recover the compensation they deserve.
How Is Compensation Recovered?
Generally, the at-fault party’s insurance company will cover an injured party’s medical expenses and other losses. However, there are times when the insurance company offers a low-ball settlement, hoping the pedestrian will settle quickly. By doing so, the insurance company saves money, but the injured party may face additional expenses they end up paying themself by settling too soon. With the high cost of medical expenses these days, it can amount to a great deal of money.
What Types of Losses Are Recoverable in a Pedestrian Fatality?
First of all, either the administrator of the deceased’s estate or immediate family members may file a wrongful death action following a fatal accident. This is an either/or situation. Both cannot file, so the family and estate administrator have to decide who will file after a pedestrian fatality. Recoverable compensation includes:
- Wages the decedent would have earned until retirement age are recoverable. This can include their pension and insurance benefits, bonuses, and other perks they received on the job.
- The expenses for the funeral and burial can be recovered.
- The surviving spouse can claim compensation for the loss of consortium, support, love and companionship.
- Children in the family, whether adopted or natural, may claim the loss of nurturing and support the decedent provided.
- Stepchildren who obtained at least 50 percent of their financial support from the decedent may join in the claim.
- Lost inheritance is claimable in some cases.
- The loss of help around the house the decedent provided can be recovered because the family may have to pay someone to perform those tasks.
Fairfield Wrongful Death Lawyer
I am Ed Smith, a Fairfield wrongful death lawyer. When your loved one was killed by a negligent motorist or entity, the family may want to find out about filing a claim for wrongful death. You are welcome to call us at (707) 564-1900 or (800) 404-5400. An online contact form is available for your use also.
Top 1 Percent and Million Dollar Advocates are two of the groups we are proud to belong to as California members.
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Photo attribution: Image by Andreas Lischka from Pixabay
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