Man Killed After Hit and Run Accident in Oakdale
A man was killed after a hit and run accident in Oakdale on February 9, 2020. The incident occurred around 6:45 p.m. in the area of Highway 120 and Valley Home Road. A man was walking along the side of the highway when he was struck by a Chevrolet. According to the California Highway Patrol (CHP), the driver of the Chevrolet reportedly continued north after the auto-pedestrian accident without rendering aid to the injured man. Medical personnel were called to the scene and transported him to Oak Valley Hospital, where he passed away from his injuries. Officials have identified him as 61-year-old John Hughes of Newman.
Investigation of the Oakdale Hit and Run Accident
The driver of the Chevrolet, a 28-year-old man, allegedly called CHP dispatch to make a report of striking an unknown object. According to CHP Officer Ming Hsu, the man decided to call officials after coming across the incident on social media. A CHP supervisor, along with officers, made contact with the man at his residence in Oakdale. The CHP determined he was the driver involved in the fatal accident, as well as driving under the influence (DUI). The man was arrested on suspicion of DUI resulting in injury or death. It is unknown whether he will be charged for hit and run in connection to the incident.
Loss of a Loved One
Losing someone you love in a pedestrian accident is devastating. When the death was caused by a negligent driver, you and your family may feel overwhelmed with grief, anger, and frustration. As with any loss, there are many emotional and financial burdens you may experience. In such situations, you and your family can find solace by bringing a wrongful death case against the driver responsible for your loved one’s wrongful death.
Does Insurance Cover an Oakdale Hit and Run Accident?
A hit and run often leads to criminal charges in most cases. When the incident turns fatal, the family of the decedent can seek compensation through a wrongful death claim. These may be filed with the negligent driver’s insurance company if they are found by police. If the hit and run driver is not located, the family may seek recourse through an uninsured motorist claim filed on behalf of their loved one’s insurance policy. If the decedent did not have insurance at the time of their passing but lived with a family member who did, a claim may be filed against that relative’s policy so long as the deceased was not listed as an excluded member. Because a hit and run accident may cause significant needs and issues such as finding ways to receive justice and compensation, surviving family members should hire a wrongful death lawyer from Modesto. An experienced attorney has the resources needed to provide for a family’s fiancial needs as well as retaining experts from a wide array of fields to prove the true value of the wrongful death case.
What Are Wrongful Death Damages?
Under California law, damages from a wrongful death claim are intended to compensate the decedent’s family for the irreparable, intangible harm they have endured. While each wrongful death case is unique, a surviving family member is generally entitled to these economic and noneconomic damages:
- Any costs directly related to a loved one’s wrongful death, such as end-of-life medical treatment and funeral services
- Loss of parental guidance and training for surviving children
- Lost future financial support, pension, and retirement benefits
- Punitive damages to punish the negligent driver that caused the wrongful death pedestrian accident
- The care, guidance, and protection a loved one would have provided to the family
For more information on these types of cases, watch the video below.
Who Can File a Wrongful Death Claim?
Under the California Code of Civil Procedure Section 377.60, specific relatives are entitled to wrongful death benefits. Eligible parties include the spouse, domestic partner, or children of the decedent. If the deceased is not survived by these relatives, others who depended on them for financial support may be able to file for wrongful death. These include parents or stepchildren, as well as the putative spouse and his or her children.
How Long Do You Have to File for Wrongful Death?
A wrongful death action must be filed within two years of the date of a loved one’s passing. This is by the California Code of Civil Procedure Section 335.1. There are exceptions to this statutory deadline that may shorten the timeframe, making it critical for you and your family to consult with a Modesto wrongful death attorney about the details of your case.
Contact a Modesto Wrongful Death Lawyer Today
I’m Ed Smith, a Modesto wrongful death lawyer. If you have lost someone you love as a result of a wrongful death hit and run accident, please call me at (209) 227-1931 or toll-free at (800) 404-5400. I am available anytime to provide you with free, friendly advice on how to move forward in your situation.
Since 1982, our personal injury law firm has helped families of Northern California, including Modesto, recover the compensation they need and deserve after a loved one’s wrongful death. To see what others have to say about working with our office, go to:
Visit our Verdicts and Settlements page if you are interested in learning more about our law office and previous wrongful death cases we have handled.
Picture Source: By “StockSnap” via Pixabay
:ds llo [cs 942]