Pedestrian Accident Fatality on Winton Way and Gerard Avenue

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November 23, 2022
Edward Smith

Fatal Pedestrian Accident on Winton Way

On Friday, November 18, 2022, it was reported that a fatal pedestrian accident occurred on Winton Way and Gerard Avenue. At approximately 7:10 p.m., CHP traffic officers responded to a report of a car vs. pedestrian crash in Winton. Emergency personnel transported the pedestrian to Doctor’s Medical Center in Modesto for treatment of serious injuries. Sadly, he succumbed to his injuries during hospitalization several hours later, officials said.

Details on the Fatal Pedestrian Accident on Winton Way in Merced County

According to the California Highway Patrol, a preliminary investigation revealed that a 73-year-old man from Winton was walking in a crosswalk on Winton Way in the vicinity of Gerard Avenue. At the same time, a 73-year-old woman was behind the wheel of a 2020 Toyota Prius headed northbound on Winton Avenue.

For reasons not yet determined, the Toyota driver allegedly did not see the man in the crosswalk and the front of the vehicle collided with the pedestrian. The Toyota driver stayed at the crash site and cooperated with officials, according to CHP officers. An investigation into the incident is ongoing. Those with information on the fatal pedestrian accident on Winton Avenue are encouraged to call the CHP Merced area office at (209) 356-6600.

What Types of Losses are Recoverable in Wrongful Death Cases?

There is a wide array of recoverable losses available to survivors. The exact value of a wrongful death case will depend on various factors, such as the decedent’s age, education, occupation, life expectancy, dependents, and more. Economic and non-economic damages available to surviving family members may include mental anguish experienced by close relatives, the costs of funeral services, the loss of companionship for survivors, loss of future financial support and services, and other accident-related losses.

While compensation cannot undo the pain or bring a lost loved one home, it may help a family limit their financial hardship and provide for a secure future. It may also provide surviving family members with a sense of closure, with the knowledge that the other side has been held accountable for their actions. Remember that there is a two-year statute of limitations for fatal accident cases. Therefore, it is crucial to seek legal assistance immediately. This will provide your accident attorney with the time needed to investigate, preserve evidence, and work with expert witnesses to build a strong case against the at-fault party.

Who Can File a Wrongful Death Claim in California?

California law outlines which family members can file a wrongful death case in civil court. Per CCP 377.60, the statute states that the spouse, domestic partner, or children of the decedent have priority for filing a claim. Other dependents of the deceased may be eligible for filing, like parents, stepchildren, a putative spouse, and more.

A skilled wrongful death lawyer from our law firm will review the facts and circumstances of the fatal accident case and determine if a surviving family member is eligible to file a claim for damages. Learn more about the services we offer and how we can help your family by watching this video.

Personal Injury Lawyer in Merced

I’m Ed Smith, a Merced personal injury lawyer. Losing a close relative is devastating. For many families, the grief of losing a loved one may often be compounded with anger and frustration from the knowledge that the loss was preventable. Holding the other side liable for their negligent actions and resulting losses may be accomplished through a wrongful death claim.

If you have lost someone you love in a pedestrian accident caused by a negligent driver, our legal team from AutoAccident.com can help you and your family through this challenging time. Call us today for a free case evaluation at (209) 227-1931 or (800) 404-5400. Our accident attorneys are here for you and your family to provide free, friendly case advice anytime.

For additional information about our law firm, including client reviews about our injury attorneys and past case resolutions, visit these links:

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