Fatal Pedestrian Accident on SR-99 in Stockton
A preliminary report by the California Highway Patrol (CHP) revealed details of a fatal pedestrian accident on SR-99 in the Stockton area on the morning of Monday, October 25, 2021. The incident took place around 5:40 a.m. on southbound State Route 99 and the Arch Road onramp.
Details on the Fatal Pedestrian Accident on Southbound SR-99 in Stockton
The CHP Stockton area office responded to a call of a car vs. pedestrian accident involving a gray Acura MDX. Authorities said that the driver was reportedly in the No. 1 lane when the traffic collision occurred, and the motorist claimed they did not see the pedestrian on the road. The Acura driver pulled over to the right-hand side after the incident.
CHP traffic officers closed down the fast lane of northbound SR-99 for flooding, and several units were dispatched to the scene to locate the pedestrian involved in the crash. Sadly, the pedestrian was declared deceased at the scene. All southbound lanes of Highway 99 were shut down for authorities to conduct an investigation. The San Joaquin County Coroner’s Office will release the identity of the decedent once the next-of-kin has been notified.
What Surviving Family Members Should Know About Wrongful Death Pedestrian Accident Cases
A wrongful death claim is a civil case that may be brought against a driver or entity whose negligent actions caused a loss of life. Specific surviving family members have a right under the California Code of Civil Procedure Section 377.60 to file a claim against the party responsible for the fatal motor vehicle collision. The surviving children, domestic partner, or spouse generally have priority when it comes to bringing these types of cases, followed by parents, stepchildren, putative spouse, and other dependents. A two-year window exists under the California Code of Civil Procedure Section 335.1, wherein survivors have to file a lawsuit in civil court following the date of a fatal crash. If the two-year statute of limitations has passed and a lawsuit has not been filed, the court may dismiss the case.
The purpose of a wrongful death case is to hold the at-fault party accountable for the damage they have caused to surviving family members and to teach them a lesson not to cause harm to others in the future. It may provide survivors with the financial compensation they need to cover losses from the unexpected death of a loved one and future needs, in addition to providing them with closure knowing the negligent party has been held liable for their loss. There is a wide array of economic and non-economic damages that may be sought in such cases to help make a family whole again. While no amount of money can undo the pain of losing a close relative, it may help with covering medical and funeral expenses, loss of future financial support, intangible losses, and more.
There are some challenging situations that families may find themselves in where the party responsible for the incident may have insufficient insurance coverage or none at all to pay for their losses. Under these circumstances, survivors may have the option of bringing a claim under their insurance policy if they carry uninsured/underinsured motorist coverage (UM/UIM). Even if the decedent did not have an auto insurance policy of their own but resided with a relative who carries this coverage, it may come into play up to the limits of the policy so long as the deceased was not excluded from the plan. For more information on these types of cases and what to expect from the process, watch this video.
How Our Legal Team Can Help Your Family
At our law firm, we understand that a loss in the family may have heartbreaking consequences for those left behind to pick up the pieces. We have been helping families for over three decades, and we would be honored if your family gave us the opportunity of representing you too. We help families across the golden state handle all types of accident cases, including those arising from fatal traffic collisions. Our wrongful death lawyers have worked hard to obtain the favorable case outcomes those we represent need and deserve following a tragic loss of a loved one. Contact us today to learn about your rights as a surviving family member and more information about how we can help your family through this trying time.
Personal Injury Lawyer in Stockton
I’m Ed Smith, a Stockton personal injury lawyer. Regardless of the exact cause of a fatal car accident, the loss of a loved one in an incident of any type is heartbreaking for any family to experience. Our legal team understands that surviving family members may feel a voice left behind when a close relative has lost their life because of someone else’s negligence. Survivors do have options to seek justice and financial compensation through a wrongful death action, and our law firm can help your family through the process. Contact us today to learn more and receive free, friendly advice on your case by calling (209) 227-1931 or (800) 404-5400.
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Since 1982, our legal team has helped surviving family members uncover the truth about their devastating loss and obtain financial compensation to help offset costs related to their loved one’s death. To see how we have helped families with their cases, visit our Verdicts and Settlements page.
Photograph Source: By “ClaudiaWolff” via Unsplash
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