Modesto Man Killed in Pedestrian Accident

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April 23, 2019
Edward Smith

Modesto Man Killed in Pedestrian Accident

A Modesto man was killed in a pedestrian accident in an unincorporated part of Stanislaus County on the early morning of April 20, 2019. The incident occurred along Highway 120 in the vicinity of Pioneer Avenue, just northwest of Oakdale. Officers from the California Highway Patrol (CHP) were called to the scene and found a 2018 Ford EcoSport occupied by three parties, who claimed the car ran out of gas. A driver of a 2012 Hyundai Elantra was heading west along the highway when he struck one of the Ford occupants, who was reportedly standing in the roadway. Sadly, the man hit by the Hyundai was pronounced deceased at the scene by paramedics. The Stanislaus County Coroner’s Office has identified the decedent as 29-year-old Benjamin Wilson of Modesto. I would like to send my thoughts and prayers to the loved ones of Mr. Wilson in their time of loss.

Pedestrian Accident Investigation

The cause of the pedestrian accident is unknown due to an ongoing investigation by CHP. It is unclear why the driver of the Hyundai left the scene and how far he was from the crash scene when he called to report the incident. Common reasons for accidents such as these include distracted driving, driving under the influence, speeding, reckless driving, and more.

Coverage Available in a Hit and Run Pedestrian Accident

In a pedestrian accident case, the at-fault driver’s insurance coverage may sometimes be insufficient to cover the full extent of damages incurred. In other cases, the motorist may not have auto insurance or flee the scene of the incident. In these situations, a claim may be filed against the injured person’s own insurance policy if they have uninsured/underinsured motorist protection. This type of coverage provides reimbursement for losses caused by a driver who lacks insurance, has low policy limits, or causes a hit and run accident. If the pedestrian does not have such coverage but lives with someone who does, the policy may cover his or her losses depending upon the language of the contract. For more details, contact an experienced attorney.

Wrongful Death in a Pedestrian Accident

A pedestrian accident may sometimes claim the life of a family member. When this happens, a family can file a wrongful death claim to hold the negligent driver financially responsible for the loss. Those eligible to bring a claim include the domestic partner, spouse, or children of the decedent. The types of damages that may be recovered through these cases include economic and noneconomic damages. Economic damages refer to concrete expenses such as funeral costs, burial expenses, costs of a loved one’s end-of-life medical care, and loss of future financial support. Noneconomic damages compensate a family for the intangible harms caused by their loved one’s wrongful death such as mental anguish, loss of consortium, and pain and suffering. To learn more about the types of wrongful death damages available for surviving family members, watch the below video.

How a Lawyer Can Help in a Wrongful Death Claim

The loss of a loved one in a pedestrian accident caused by a negligent driver is devastating. While no amount of money can bring that person back, compensation from a claim for wrongful death can help ease some of the emotional and financial burdens associated with the untimely death. When considering filing a wrongful death claim due to a pedestrian accident fatality, you will significantly benefit from the insight of a Modesto personal injury lawyer who is experienced in handling wrongful death cases. An attorney can investigate the facts and circumstances of the incident, communicate effectively with insurance carriers, and prepare a strong case for fair compensation on a family’s behalf.

Modesto Personal Injury Attorney

I’m Ed Smith, a Modesto personal injury attorney. When a person suffers severe injuries or loses their life in an auto accident caused by negligence, it is not only the injured person or decedent who suffers. The family of the person injured or killed in the crash often endure significant emotional and financial damages. If you or a loved one has been injured or killed in an accident due to the fault of a negligent party, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly legal advice.

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Photograph Attribution: By “StockSnap” via Pixabay

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