San Diego Girl Killed in Fresno Pedestrian Accident
A San Diego girl was killed in a Fresno pedestrian accident on the early morning of July 16, 2019. The incident occurred shortly after 2:00 a.m. near East Teague Avenue and North Willow Avenue in northeast Fresno. A preliminary report by the Fresno Police Department suggested that a 15-year-old girl was struck by an oncoming vehicle. The driver reportedly crashed into a tree after the pedestrian accident. Emergency responders were called to the scene to render aid. Sadly, the girl was pronounced deceased at the scene. Officials have not yet identified the girl due to pending notification of her family members. We would like to send our thoughts and prayers to the loved ones of the girl in their time of loss.
Loss of a Loved One in a Fresno Pedestrian Accident
After losing a loved one in a preventable pedestrian accident, you may find yourself in a state of profound disbelief or grief that someone who was so cherished and loved has been taken away from you. You may find yourself without energy and may consider ways of staying at home to avoid dealing with the world. These feelings are normal to experience and require time to recover from. However, insurance carriers will not be waiting. This can add to the overwhelming stress and grief a family is dealing with. However, having an experienced attorney at your side early on in a wrongful death case is critical. An attorney can investigate and pursue justice for your loved one’s death while you and your family focus on recovering and grieving.
Damages in a Wrongful Death Claim of a Child
A wrongful death claim can be made against a negligent driver or entity that caused an accident resulting in the death of a family member. If the responsible motorist has little to no insurance, the family of the decedent can make a claim against their own car insurance if they have uninsured/underinsured motorist coverage. This is only possible if the deceased resided in the same household as the policyholder and was not excluded from the policy at the time of the accident. In the case of a child, a parent can claim the following damages:
- Costs of medical treatment received by the child before his or her passing
- Expenses related to a loved one’s funeral and burial
- Loss of a child’s love, care, affection, assistance, comfort, protection, and society
How Do You Prove Wrongful Death in a Fresno Pedestrian Accident?
To recover damages in a Fresno wrongful death claim, the burden is on the family to prove that the driver was responsible for their loved one’s death. This means necessary evidence must be collected and gathered to meet the four elements of negligence, including:
- Duty of Care: The responsible driver owed a duty of care to the decedent
- Breach of Duty: The negligent party violated or breached that duty of care
- Causation: The liable individual’s negligent or reckless act was the proximate cause of the loved one’s death
- Damages: The surviving family members of the deceased suffered tremendous harms
If you have lost someone you love due to the careless or reckless misconduct of another driver or entity, let a Fresno wrongful death lawyer guide you through the legal process during this difficult time. For more details on wrongful death claims, watch the video below.
How Long Do You Have to File a Wrongful Death Claim?
Every state has a deadline within which a wrongful death action must be filed. California has a strict statute of limitations for wrongful death, which is two years from the date of loss. This is by California Code of Civil Procedure Section 335.1. However, the deadline to bring a claim for a child’s wrongful death can vary under specific exceptions. This is why it is critical to retain an experienced lawyer to make sure your case meets applicable criteria and statutes.
How Can an Attorney Help Our Family?
After losing a child in a pedestrian accident, parents often experience a wave of emotions that may be unbearable. Feelings of anxiety, depression, and anger are all normal. However, they can be challenging to manage while coming to terms with your loss. Contacting an attorney on top of grieving from your child’s unexpected death can seem farfetched. However, a lawyer can preserve critical evidence before it disappears or is covered up by negligent parties. This way, the attorney can ensure the family receives a favorable outcome and are not taken advantage of by insurance companies while they are grieving.
Fresno Personal Injury Lawyer
I’m Ed Smith, a Fresno personal injury lawyer. One of the most devastating events a parent can experience is seeing their child injured or killed in a pedestrian accident. When the loss was caused by negligence, the grief is often compounded by anger and frustration. An experienced lawyer can help a family determine whether a personal injury or wrongful death case may be the right course of action. If you or a loved one has been injured or killed in a pedestrian accident due to the negligent acts of another, please call me at (559) 377-7676 or toll-free at (800) 404-5400 for compassionate, free, and friendly advice.
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Photo Credit: By “Kat Jayne” via Pexels / Girl Killed in Fresno Pedestrian Accident
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