Fatal Pedestrian Crash on McHenry Avenue
On Sunday, October 23, 2022, the Modesto Police Department reported a fatal car vs. pedestrian crash on McHenry Avenue. The collision occurred around 11:00 p.m. just north of Roseburg Avenue, officials said.
Details on the Fatal Pedestrian Crash on McHenry Avenue in Modesto
A Modesto PD spokeswoman reported that a man was walking in the area and was allegedly struck by two vehicles. The drivers of both cars stayed at the crash site. The injured pedestrian was transported via ambulance to an area hospital.
Sadly, the pedestrian succumbed to his injuries during hospitalization. The Stanislaus County Coroner’s Office has recently identified the deceased as 31-year-old Johnathan Hadley of Modesto. Additional information on the fatal pedestrian accident was not immediately available.
What to Expect from a Wrongful Death Claim and the Process Involved
The loss of a loved one in a pedestrian accident is devastating. When the incident occurs because of a negligent driver or entity, the family may have grounds for a wrongful death claim. CCP 377.60 establishes that the priority for a wrongful death action lies with the decedent’s surviving spouse, domestic partner, or children. Some exceptions exist if the deceased is not survived by such close relatives. If these relationships do not exist, the claim may be for the benefit of other family members, including parents, stepchildren, and other relatives who depended on the decedent for financial support.
Proving negligence in a fatal pedestrian crash case may be challenging, which is why surviving family members should act quickly and retain legal counsel. A skilled pedestrian accident lawyer can secure evidence immediately before it is lost or destroyed and conduct an independent investigation into the actual cause of the incident to properly determine liability. CCP 335.1 places a two-year statute of limitations on wrongful death matters. Therefore, it is essential to work with a Modesto wrongful death lawyer immediately before it is too late. Learn how our law firm can help by watching this YouTube video.
Types of Compensation in a Wrongful Death Case
Compensation in a wrongful death claim is divided into non-economic and economic damages. Financial losses that survivors have experienced because of a loved one’s wrongful death are reflected in economic damages. These include funeral costs, loss of future financial support, and other monetary losses. Non-economic damages consider the mental anguish, loss of companionship, and other intangible harm that close relatives have gone through because of not having their loved one by their side anymore. In rare cases, a family may be awarded punitive damages separate from economic and non-economic damages. These punish defendants for egregious actions, like excessive speeding or driving while impaired.
It is not uncommon for an insurance carrier to offer a lump-sum settlement. This is a way for the insurer to resolve the case quickly and often for the lowest amount possible. That is why it is crucial for surviving family members to leave settlement negotiations for an experienced wrongful death lawyer to handle. Unlike the other side, a skilled accident attorney knows all too well that an initial settlement offer made to survivors will be far less than what they deserve for what they have gone through. A lawyer will work with expert witnesses such as an accident reconstruction expert and economist to prove the actual cause of the fatal incident and the value of damages incurred.
Personal Injury Lawyer in Modesto
I’m Ed Smith, a Modesto personal injury lawyer. The unexpected loss of a close relative often brings immediate grief and confusion among survivors. It is crucial for surviving family members to protect themselves and their futures following a fatal incident caused by someone else’s negligence. Bringing a wrongful death claim may be a challenging and confusing ordeal, but the legal team at AutoAccident.com can help handle all aspects of your case so your family can focus on recovering. When you are ready to discuss your case in detail, our attorneys will be here to provide compassionate, free, and friendly advice on how to move forward in your situation. Get started by calling (209) 227-1931 or (800) 404-5400.
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