Driver Flees Scene of Accident That Takes the Life of a Pedestrian
A fatal pedestrian collision occurred recently in Stockton when a 62-year-old man was struck and killed by a fleeing driver. The hit and run accident occurred near Mariposa Road near Eighth Street around 7:49 in the evening, according to officers with the Stockton Police Department (Stockton PD). Emergency responders arrived at the scene to provide life-saving measures. However, the pedestrian was declared dead at the accident site.
Fatal Pedestrian Collision Being Investigated to Locate Fleeing Driver
Relatives who were present at the accident scene said the pedestrian was carrying recyclable items when the collision occurred. Authorities with the police department are investigating the fatal pedestrian collision to determine how it occurred and to locate the hit-and-run driver. The name of the pedestrian who died in the accident has not yet been released.
Losing a Loved one in a Fatal Pedestrian Collision
When a loved one dies due to negligence, it is a devastating experience for the family. It elicits feelings of anger and grief and leaves the family wondering how they will carry on. It is especially hard when the death was due to a negligent act. The family may wonder why this had to happen to someone they love so much.
When someone is consumed by grief, it is difficult to think of anything else but their loss. However, losing a loved one can be more than a heartbreaking emotional experience. The loss of a loved one can mean lost income and the additional cost of funeral and burial expenses. For many families, the wrongful death of a loved one can be a challenging time full of uncertainty about the future.
Can a Negligent Party Be Held Accountable?
The answer to this question is yes. The negligent party or entity can be held monetarily responsible for the family’s loss. In some cases, the at-fault party can be held responsible for the loved one’s suffering before death.
Who Can File a Wrongful Death Claim in California?
Under Article 6 of the Code of Civil Procedures 377.60, the following individuals can file a wrongful death claim in California:
- The decedent’s domestic partner
- The decedent’s surviving spouse or putative spouse
- Children of the deceased
- Children of the putative spouse
- Stepchildren, if they received at least half their support from the deceased
- Parents of the decedent
- Minors who resided with the deceased for six months and were dependent on the deceased for 50 percent of their income
Damages in a Wrongful Death Lawsuit
In the California Code of Civil Procedure 377.61, the following damages are listed:
- Any medical expenses during the period before the decedent’s death, which includes ambulance, ER costs, and others (these are generally recovered through a survival action)
- Wages and other monetary funds the decedent would have earned now and to their future age of retirement
- Funeral and burial expenses
- Loss of financial support
- Loss of emotional support
- Loss of consortium
- Loss of inheritance
For more information on wrongful death cases, watch the video below.
Hit-and-Run Accidents in Stockton
The number of hit-and-run accidents is escalating in Stockton and the rest of California despite the penalties that can be lodged against a fleeing driver. This causes the family even more stress. They worry that their financial loss will not be recovered if the driver is not apprehended.
Our law firm successfully uses procedures to help apprehend the hit-and-run driver. However, if it is not possible to do so, we advise our clients to use their own uninsured/underinsured insurance. This type of add-on insurance is offered to all motorists in California. If the decedent did not carry this type of insurance, it is possible to use a family member’s uninsured/underinsured insurance. In either case, there is no increase in the cost of the premium.
Stockton Wrongful Death Attorney
I’m Ed Smith, a Stockton wrongful death attorney. If your family has suffered the ultimate loss of losing a loved one, call me at (209) 227-1931 or (800) 404-5400 for my free, friendly advice. If it is more convenient for you, reach out to me online.
I’ve helped numerous families who face the loss of a loved one in all types of car accidents, pedestrian deaths, and other traumatic injuries.
Learn more about my firm below:
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Attributed photo: https://pixabay.com/photos/candle-light-candlelight-flame-2038736/
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