Fatal Pedestrian Accident Near Brentwood
The California Highway Patrol (CHP) reported a fatal pedestrian accident in eastern Contra Costa County near the Brentwood area on the night of Saturday, September 4, 2021. The incident occurred along the 8300 block of Byron Highway and involved a 2002 Subaru Impreza.
Details on the Fatal Pedestrian Accident Near the Brentwood Area
CHP traffic officers indicated that an 18-year-old Knightsen man was driving the Subaru at approximately 11:15 p.m. on Byron Highway in an unincorporated area near Brentwood. Two parties, a 16-year-old Oakley boy and an 18-year-old Pittsburg woman, were walking along the narrow shoulder of the roadway when they were both hit by the Subaru.
Sadly, the two parties succumbed to their injuries at the scene of the pedestrian accident. A GoFundMe page has been created on behalf of the 18-year-old woman and her family to help cover final resting expenses.
The Subaru driver was later arrested on suspicion of gross vehicular manslaughter and driving under the influence (DUI). He was last reported to be held at Martinez Detention Facility.
Fatal Pedestrian Accidents and the Wrongful Death Claims Process
Wrongful death occurs when the negligence of another has directly resulted in a loss of life. Surviving family members may bring a wrongful death claim against the party or entity responsible for the loss of their loved one. However, the claims process is not always straightforward as various criteria and deadlines must be met in addition to challenges that may arise. Under the California Code of Civil Procedure Section 377.60, the surviving spouse, domestic partner, or children have priority to bringing a claim for wrongful death. If such parties are non-existent, the cause of action may then belong to the decedent’s parents and stepchildren. The putative spouse and their children may also seek recovery of financial compensation under CCP 377.60.
Survivors may seek compensation for economic and non-economic damages. This may include funeral and burial expenses, lost financial support or income for the family, loss of companionship, end-of-life medical costs, and more. In a fatal pedestrian accident case, surviving family members may seek recourse through their uninsured and underinsured motorist coverage (UM and UIM) if their loved one was a member of their household and was not excluded from their insurance policy. How UM and UIM coverage may come into play in such cases is that it may either fully pay or supplement damages not covered by the at-fault party’s insurance policy, if they have one. An experienced accident attorney may also seek punitive damages from the negligent driver if it has been proven that they were driving while intoxicated or excessively speeding in the moments leading up to the devastating accident.
A thorough investigation is necessary as each wrongful death case is unique. Conversely, the insurance company may attempt to limit financial liability for the incident by shifting fault onto the decedent, despite liability being clear. That is why it is essential to work with a skilled local attorney as the lawyer handling the case will have your family’s best interests at heart, unlike the insurer. For details on how to find the best attorney to represent you and your family, watch this video.
How Our Law Firm Can Help Your Family
Nothing may undo the pain of losing a loved one or bring them back, but an experienced accident attorney may help in holding the at-fault party liable for damages incurred. A wrongful death claim may be painful and far more challenging in comparison to other types of cases. Various obstacles must be overcome to obtain a favorable case outcome and a sense of justice knowing that the negligent individual or entity has been held financially accountable for their wrongdoing. Keep in mind that it is essential to retain legal counsel right away as insurance companies representing the other party may act quickly, conduct an investigation, and use any fact or circumstance to dispute a claim against their insured.
Fortunately, our legal team can help you with the process. We will conduct an independent investigation of the accident to properly determine fault, collect and preserve evidence relevant to the case, and interview all witnesses that had involvement in the fatal incident. We handle wrongful death cases under a contingency fee arrangement, meaning that we will not charge any attorney’s fees unless we obtain a favorable case result on your behalf. Contact us today to learn more about how we can help your family through this difficult situation.
Wrongful Death Attorney in Pittsburg
I’m Ed Smith, a Pittsburg wrongful death attorney. If you have lost someone you love in an accident because of someone else’s negligent actions, our law firm can help you through this difficult time. We understand the devastation and heartbreak that may come with a fatal accident. Our legal team is available anytime to offer compassionate, free, and friendly advice on how to move forward with a wrongful death claim. To get started, give us a call at (925) 428-5220 or (800) 404-5400 to arrange a free consultation with a member of our team today and learn about your options for justice and financial recovery.
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Whatever the type of motor vehicle collision was involved in the loss of your loved one, you and your family can trust that our legal team has the experience, skills, and resources to help. We have handled personal injury and wrongful death cases since 1982, and some of these results are featured on our Verdicts and Settlements page.
Photograph Source: By “Roonz-NL” via Pixabay
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