Fatal Bicycle Accident Near Los Banos
On the night of Wednesday, October 26, 2022, the California Highway Patrol reported a fatal bicycle accident near Los Banos in Merced County. The incident was reported at approximately 7:20 p.m. at the intersection of Johnson Road and Henry Miller Avenue.
Details on the Fatal Bicycle Accident Near Los Banos
CHP traffic officers responding to the crash site located a cyclist, a 19-year-old woman, suffering from serious injuries after being struck by a vehicle. Sadly, she was declared deceased at the crash site shortly after.
A preliminary investigation by officials revealed that the vehicle that struck the cyclist was traveling approximately 55 mph. This was based on vehicle damage, including the windshield and hood. The driver and passenger in the vehicle were uninjured, officials said. Additional details on the incident were not immediately available.
Who Can File a Wrongful Death Claim?
The sudden loss of a loved one may change the dynamics and future of the family left behind to pick up the pieces. It may leave surviving family members reeling from grief, frustration, and anger. As challenging as the loss of a close relative is on a family, specific survivors have the priority to bring a case against the negligent party or entity.
According to CCP 377.60, you may have priority to file a case if you are the decedent’s spouse, domestic partner, or child. If these relationships do not exist and you depended on the deceased for financial support as a surviving parent, putative spouse, stepchild, or other familial relationship, you may be eligible for filing. Contact an experienced Los Banos wrongful death lawyer from our law firm to learn more about the legal process in a free consultation.
What to Expect from the Wrongful Death Claims Process
Economic and non-economic damages survivors may be entitled to recover may include funeral and burial costs for final arrangements, loss of the decedent’s income for the household, mental anguish, and loss of support, companionship, and love. A wrongful death action may list other damages based on the facts and circumstances of the case.
In a fatal bicycle accident case, the insurer that represents the negligent driver is generally liable for covering the resulting damages. Before agreeing to an insurance settlement offer, surviving family members must consider whether it will cover their damages and the pros and cons of proceeding with litigation. An experienced wrongful death attorney will provide survivors the advice needed to make a well-informed decision.
A family must keep in mind that there is a statute of limitations that applies to wrongful death matters. Per CCP 335.1, claimants are generally provided two years to file a lawsuit in civil court. If filing against a public agency, the California Government Code Section 911.2 allows survivors up to six months to file a notice of claim. At our law firm, we will handle all aspects of your case, including the statute of limitations, to ensure you receive the best outcome possible. For information on our services and how we can help your family, watch this video.
Personal Injury Lawyer in Los Banos
I’m Ed Smith, a Los Banos personal injury lawyer. In the immediate aftermath of a close relative’s passing, it may be challenging to consider a wrongful death claim while coping with grief and loss. An experienced accident attorney in your area can help your family navigate the legal process and seek justice and maximum financial recovery on your behalf. Learn how our law firm can help your family by calling (209) 227-1931 or (800) 404-5400. A member of our team is available anytime to meet with your family and provide free, friendly advice.
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