Hit-and-Run Bicyclist Fatality Stockton
A bicyclist fatality was reported in a hit-and-run accident in Stockton on the afternoon of September 25, 2023. The crash occurred near the intersection of Sonora Street and Wilson Way at approximately 1:10 p.m., the Stockton Police Department reported.
Details on the Hit-and-Run Bicyclist Fatality in Stockton
A preliminary release indicated that a man, age 60, was riding a bicycle in the area when he was allegedly struck by a motor vehicle. The driver reportedly left the scene following the crash. Stockton PD has not yet released identifying information on the suspect party and vehicle, as an investigation into the incident is ongoing.
How is Wrongful Death Proven?
To demonstrate wrongful death, there must be credible evidence establishing that the other side’s negligence caused the untimely loss of a loved one. The elements that must be met in a case of wrongful death include duty of care, breach of duty of care, causation, and damages. These elements must be proven for a successful claim for wrongful death. Once these elements are satisfied, compensation may be sought from the at-fault party and their insurer. In the context of a bicycle accident, damages may be recovered from the motorist who caused the incident and their insurance carrier.
It may be concerning when an involved driver flees the scene of a cycling crash. This may leave an injured bicyclist or the family of a deceased cyclist unsure of how to proceed in the situation. Fortunately, if the injured party has uninsured motorist coverage or lives in a household where a family member carries UM protection on their auto insurance policy, this may extend coverage and pay for the resulting losses. The latter may also apply if the bicyclist died in the crash. Most importantly, UM coverage is helpful to have as it may cover losses in a hit-and-run accident, even if the suspect goes unidentified.
To bring a successful claim forward through uninsured motorist protection, there must be clear and compelling evidence demonstrating that the hit-and-run driver’s wrongful conduct caused the injury or untimely loss of life. This may include the report from the medical examiner of whether the decedent succumbed to their injuries at the crash site or medical records if the deceased was taken to the hospital but passed away shortly after. This would help prove that the fatal injuries occurred from the accident and not from another cause.
Recoverable Wrongful Death Damages
Eligible surviving family members may be entitled to reimbursement of intangible harm and financial losses associated with the untimely loss of a close relative. Guidelines for filing eligibility are outlined in CCP 377.60. Common examples of economic and non-economic damages sought in these matters include reasonable costs of funeral services, medical bills for final injuries (recovered in a survival action), loss of financial support, mental anguish experienced by survivors, loss of companionship, etc. Each case is unique, so other damages may be recovered based on the facts of the matter.
In addition to the damages the surviving family members can seek against the at-fault party, the survivors in a wrongful death claim may seek punitive damages when the decedent passed away from the egregious conduct of the defendant. Examples of cases where punitive damages may be warranted include bicycle accidents caused by excessive speeding or driving under the influence of drugs or alcohol. Keep in mind that these damages are generally awarded at the discretion of the court. As such, it is beneficial to have an experienced attorney on your side to seek the compensation your family deserves.
Personal Injury Lawyer in Stockton
Our experienced and compassionate legal team at AutoAccident.com is dedicated to helping individuals and families whose lives have been affected by the negligence of others. Our Stockton personal injury lawyers make it our goal to seek justice and full compensation on behalf of those we represent. Learn more about our services and receive free, friendly advice on your potential personal injury or wrongful death case at (209) 227-1931 or (800) 404-5400.
Photograph Source: Pexels – RDNE
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