Fatal Pedestrian Accident Grant Street
On the morning of October 16, 2023, the Stockton Police Department reported a fatal car versus pedestrian accident in the area of Grant Street and Martin Luther King Boulevard.
Details on the Fatal Pedestrian Accident on Grant Street in Stockton
A preliminary release indicated that a woman, age 47, was walking in the area and attempted to cross the street when she was allegedly struck by a vehicle. Medical personnel transported her to the hospital. Sadly, she succumbed to injuries from the crash. Stockton PD indicated that the motorist remained at the accident site and cooperated with investigators. Further details were not immediately available.
How Surviving Family Members Can Seek Justice and Accountability
The sudden death of a close relative is tragic regardless of the circumstances involved. However, it is devastating beyond words when a family member is killed in an accident through the actions of another individual or entity. Honoring a loved one’s life is possible through holding the liable party accountable and obtaining justice. This may be accomplished by filing a wrongful death action against the opposing party and their insurance carrier. These matters are subject to a statute of limitations, or time limit, of two years in California, per CCP 335.1.
Under California law, a loss of life is deemed wrongful death if it occurs through the negligence or recklessness of another individual or entity. For instance, causing a fatality in a motor vehicle collision while speeding, driving while distracted, running a stop sign or traffic light, and other forms of careless driving may be subject to a wrongful death claim. The purpose of this type of civil case is to seek reimbursement of losses caused by the incident itself and justice for surviving family members by holding the opposing party accountable.
A claim of wrongful death may be initiated by the immediate family of the deceased. These relatives have priority for filing. Per CCP 377.60, this includes the surviving spouse, domestic partner, or children. Exceptions may apply if relatives from this list are non-existent. An experienced California wrongful death attorney can review the specifics of a potential case and determine a surviving family member’s eligibility for filing. Most lawyers offer free consultations for wrongful death cases and work on contingency, like our legal team at AutoAccident.com.
Establishing Negligence in a Wrongful Death Pedestrian Accident Case
All wrongful death cases depend on the theory of negligence. As such, the burden of proof is on the claimant to establish that the opposing party’s negligent actions led to a close relative’s demise. Without proving negligence through substantial evidence, the loss of life may not be deemed wrongful death, and an award cannot be declared in a family’s favor. To prove wrongful death, four specific elements must be met. This includes duty of care, breach of duty of care, causation, and damages. An independent investigation is necessary to uncover the opposing party’s negligence at the time of the fatal incident.
In vehicle versus pedestrian collisions, establishing the opposing party’s duty of care is usually straightforward, given that all motorists must exercise due care while driving, adhere to the rules of the road, and yield the right of way to pedestrians. Demonstrating a breach of this duty of care may be accomplished through a presentation of clear and compelling evidence. From there, causation may be established, and the economic and non-economic damages that the family suffered. An experienced accident attorney can assist survivors in gathering and preserving evidence in support of the case.
Personal Injury Lawyer in Stockton
Our compassionate and dedicated legal team at AutoAccident.com has a strong track record of assisting California families, including those from San Joaquin County, to obtain justice and accountability in wrongful death cases. We work diligently to hold negligent individuals and entities liable for the harm their negligent or reckless actions have caused. Contact our team of Stockton personal injury lawyers to review the specifics of your case today in a free consultation. Dial (209) 227-1931 or (800) 404-5400. We are available to provide your family with compassionate, free, and friendly case advice anytime.
Image Attribution: Padrinan through Pexels
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