Interstate 5 Fatal Pedestrian Collision Occurs With Motor Vehicle
A fatal pedestrian collision involving a motor vehicle occurred in Willows on December 17. The accident happened along Interstate 5 around 1:30 a.m. The California Highway Patrol (CHP) reported that both the pedestrian, age 39, and a Honda were going north along the freeway when the accident happened, causing the death of the person on foot.
Officers Investigating Cause of Fatal Pedestrian Collision
The pedestrian was reported as deceased at the accident scene. The Honda driver did not sustain any injuries. The CHP has determined that intoxication was not involved in the accident. The investigation into the cause of the accident is underway by CHP traffic accident officers.
Filing a Claim for Wrongful Death
When a fatal pedestrian accident occurs that was because of a negligent driver, the family has the right to recover damages by filing a wrongful death claim. Generally, the surviving spouse and children file the claim. However, the estate administrator also has the right to file a wrongful death claim. Only one claim may be filed, however.
Determining the Cause of a Fatal Pedestrian Collision
When a pedestrian dies in a traffic accident involving a motor vehicle or other entity, a determination must be made of fault. An injury lawyer can investigate the case to determine whether the driver was responsible for the death. They can also use evidence in the investigation to support your family’s claim for wrongful death. Areas that are investigated to collect evidence include:
- The investigator goes to the site of the accident to take photographs and gather any evidence at the scene, such as tire tread marks.
- An examination is made of the police report to look for evidence, citations in the fatal pedestrian collision and errors.
- Area traffic, business and home surveillance cameras are examined to find out if the accident was captured on tape. A subpoena can be issued for the footage if it is found.
- Accident reconstruction is performed, which shows the position of the vehicle in relation to the pedestrian and how the collision occurred. Forensic reconstruction evidence is accepted by juries and by insurance companies.
- Any witnesses to the accident are interviewed to look for statements that corroborate how the collision occurred. Sometimes, witnesses captured the accident as it occurred on their cellphone.
Compensation for a Wrongful Death
Although factors such as the decedent’s age and income factor into what the family can recover as compensation in a wrongful death claim, the following is usual:
- Recovery of the funeral and burial costs is possible.
- Wages and job benefits of the deceased until retirement age may be recovered.
- Loss of consortium, love and affection for the spouse can be claimed.
- Compensation for the loss of nurturing and parental guidance for the family’s children is recoverable.
- In some instances, loss of inheritance is possible.
- Compensation for the loss of household assistance, such as lawn mowing or childcare is possible because the widow/widower must now pay someone to do those chores.
Attorney Ed Smith explains all about wrongful death claims in the following video:
Personal Injury Attorney in Willows
I am Ed Smith. I’m a personal injury attorney in Willows. The family of a deceased person may receive compensation if the accident was caused by the driver’s negligence. We can help you determine whether you can file a wrongful death claim by taking your call at (530) 392-9400 or (800) 404-5400. Our online contact form can also be used to get in touch with us.
Having been recognized by the Top One Percent and Million Dollar Advocates, we are committed to helping our clients receive fair compensation. Visit Yelp, Google, and Verdicts and Settlements for a glimpse of what our injury lawyers have accomplished for our clients.
Photo attribution: Image by Andreas Lischka from Pixabay
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