Man Killed in Modesto Hit and Run
A man in his 20s was killed in a Modesto hit and run accident on July 23, 2019. The pedestrian accident occurred shortly after 9:30 p.m. along Vivian Road in the vicinity of Service Road in south Modesto. The California Highway Patrol (CHP) said a man was walking in the area when he was struck by an oncoming driver. The motorist reportedly drove away from the scene, leaving the injured man behind to succumb to his injuries. Officials have identified the decedent as 25-year-old Brian Crooks of Illinois. Our thoughts and prayers are with the loved ones of Mr. Crooks during this difficult time.
Investigation of the Modesto Hit and Run
A preliminary report by CHP suggested that investigators are looking for a 2003 to 2004 Infiniti G35. The vehicle in question is believed to have damage to the windshield, hood, and front bumper. Witnesses to the hit and run incident are encouraged to contact the Modesto area CHP office at (209) 545-7440.
Losing a Loved One in a Modesto Hit and Run
The loss of someone you love in an accident is tragic. This is especially true when that loss could have been prevented altogether. Feelings of depression and anger may arise from such life-changing events. This may make the grieving process stressful and unbearable. However, it is essential to understand that these feelings are normal and require time to recover from.
Wrongful Death in a Modesto Hit and Run
When a family member is lost in a pedestrian accident, it is crucial to find out what caused the loss. If there was negligence on behalf of a driver, the family may file a wrongful death case to help cover unexpected expenses. Taking immediate action can make a difference in preventing financial hardship, particularly if the decedent was the primary provider for the family.
What Can Be Recovered in a Wrongful Death Claim?
Compensation through a wrongful death claim consists of two types, economic and noneconomic damages. These include:
- Costs of household services that were provided by the deceased such as childcare, cleaning and vehicle maintenance
- Expenses for end of life medical care and funeral services may be recovered by the relative who paid them
- Mental anguish and emotional suffering caused by a loved one’s unexpected death
- Loss of love, affection, society, and moral support
- Loss of parental guidance and companionship may be claimed by surviving children of the deceased
- Loss of the decedent’s expected financial support through the presumed retirement age
- Lost inheritance and benefits such as pension and health insurance
- Punitive damages may be available in cases involving egregious acts such as driving while impaired
Is There a Time Limit on Wrongful Death Claims?
The statute of limitations is the amount of time within which a wrongful death claim must be filed. Under California Code of Civil Procedure Section 335.1, a wrongful death case must be filed within two years from the date of a loved one’s passing. Keep in mind that such claims may only be brought by specific family members, including the decedent’s surviving spouse, domestic partner, and children. This is by California Code of Civil Procedure Section 377.60. If these parties do not exist, others may be eligible to file. For more information, contact an experienced attorney.
How Can an Attorney Help Our Family?
After losing a loved one in an accident, surviving family members need to focus on coping with grief and shock. While families need the time to mourn before taking legal action, it is crucial to understand that insurance companies may take advantage of families in such situations. They may use tactics to reduce the amount they pay for a claim. In other cases, they may find ways to dispute liability to waive financial responsibility on the part of their insured. Having an experienced Modesto wrongful death attorney at your side early on in your case is crucial. An attorney will help guide you and your family through the legal complexities of your case with the care and support you all need during this difficult time.
Modesto Personal Injury Lawyer
I’m Ed Smith, a Modesto personal injury lawyer. Drivers in Modesto are expected to exercise due care to pedestrians on the road. When they fail to do so and cause serious injury or death, they may be held financially responsible for their actions. If you or a loved one has been injured or killed in a pedestrian accident due to the fault of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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