Fatal Pedestrian Collision in Modesto
The Modesto Police Department reported a fatal pedestrian collision on the morning of Thursday, May 5, 2022. The crash was said to have occurred at approximately 3:30 a.m. on Briggsmore Avenue just west of Roselle Avenue.
Details on the Fatal Pedestrian Collision in Modesto
A preliminary report revealed that a man was walking in the area when he was struck by a vehicle that was headed eastbound on Briggsmore Avenue. Sadly, the pedestrian was declared deceased at the scene. Officials have recently identified him as David Klingenfuss, 30, of Modesto.
The incident prompted the closure of eastbound Briggsmore Avenue between Roselle Avenue and Oakdale Road for several hours for officials to conduct an investigation. This was the first pedestrian accident reported in Modesto that same day. The other collision was said to have occurred at Oakdale Road and Scenic Drive and involved major injuries. Additional information on this fatal incident was not immediately released by Modesto PD due to an ongoing investigation.
Can a Family Bring a Wrongful Death Claim for a Pedestrian Accident?
Drivers are expected to exercise a duty of care when operating a motor vehicle. If motorists speed, are under the influence of alcohol or drugs, fail to yield at a marked crosswalk, or are distracted in any way, this may be deemed a breach of that duty of care. When people on foot are involved in crashes with motor vehicles, the results are often tragic. The unfortunate reality is that one too many lives are lost in pedestrian accidents each year in Modesto and throughout California. Even at low speeds, these collisions may result in serious injuries or even death in some extreme cases. That is because a pedestrian lacks the physical protection that a driver has in their vehicle. When a motorist causes a pedestrian accident resulting in a loss of life, the surviving family members of the deceased may have the right to bring a wrongful death claim against them for damages incurred.
When the losses are significant from the wrongful death of a loved one, surviving family members may qualify to bring an uninsured or underinsured motorist claim against the other side if it has been determined that they carry insufficient coverage to pay for resulting damages or none at all. Survivors may be compensated for economic and non-economic damages like funeral service costs, loss of future earnings the decedent would have provided if not for the fatal pedestrian accident, mental anguish, and loss of companionship. Reimbursement for end-of-life medical care may also be possible through the filing of survival action. Remember that these cases are generally subject to a strict filing deadline known as the statute of limitations which is two years from the date of loss in the state of California.
A wrongful death pedestrian accident case may lead to challenges regarding liability. That is why it is a good idea for surviving family members to retain legal counsel who will work to protect them and their best interests. Significant time and effort go into building a strong and compelling case for financial compensation. While two years may seem like ample time to settle a claim with the insurer, the unfortunate reality is that not all insurance carriers are willing to make reasonable settlement offers and filing a lawsuit in civil court may be necessary. Fortunately, an experienced accident attorney may help with all of this, allowing surviving family members the time they need to focus on grieving and rebuilding their lives after a tragic loss. For more information on how a wrongful death claim may help your family, watch this video.
Wrongful Death Attorney in Modesto
I’m Ed Smith, a Modesto wrongful death attorney. The worst possible situation to be in is losing someone you love in a pedestrian accident in Modesto because of another party’s negligence. Fortunately, help is only a phone call away when it is needed. Our attorneys are available anytime for free, friendly advice on your case. So, there is no risk for you to learn about your rights and options for recovery when you discuss your case in detail in a free consultation with one of our injury lawyers. Contact us today to get started at (209) 227-1931 or (800) 404-5400.
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At our law firm, we have helped many injured parties and families affected by pedestrian accidents resulting in serious injury or death. Our legal team has worked hard to secure favorable outcomes on behalf of our clients since 1982, and we would be honored to help you and your family too. See how we have helped former clients with their cases by going to our Settlements and Verdicts page.
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