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Modesto Pedestrian Accident Fatality

Modesto Pedestrian Accident Fatality

Modesto Pedestrian Accident Fatality

Modesto Pedestrian Accident Fatality — A hit and run accident in north Modesto claimed the life of a female pedestrian on October 6, 2018. The accident occurred at approximately 5:00 in the morning along Claratina Avenue in the vicinity of Oakdale Road. Witnesses said that a woman was walking along Claratina Avenue when she was struck by an oncoming vehicle. The driver fled from the scene following the collision. Responding officers discovered the injured woman lying in the roadway and contacted medical personnel to render lifesaving treatments to the woman. Sadly, their efforts were unsuccessful and she passed away at the scene. Officials have identified the victim as 35-year-old Olena Gaines of Modesto.

I would like to take this time to send my thoughts and prayers to those grieving the loss of Miss Gaines during this difficult time.

Common Causes of Pedestrian Accidents

Walkers are vulnerable to the actions of negligent drivers in pedestrian accidents. Such accidents can be caused by driver error including:

  • Driving under the influence of drugs or alcohol
  • Distracted driving, such as texting or calling on a cell phone
  • Failing to yield the right-of-way to a pedestrian at designated or undesignated crosswalks and intersections
  • Lack of signaling when making a turn, giving a false impression to walkers that the driver is proceeding straight
  • Speeding can reduce a motorist’s reaction time and limit their ability to stop in time to avoid a collision

When Pedestrians Can Be Found Liable

There are some instances where a driver is not entirely responsible for a pedestrian accident. In some cases, the pedestrian may share some level of liability. This is known as comparative negligence. When a pedestrian is found 20 percent at fault in an accident, their claim for compensation would be reduced by 20 percent. Some examples of pedestrian negligence may include:

  • Crossing the street against the “Do Not Walk” sign
  • Darting out in front of an oncoming car
  • Intoxication
  • Jaywalking, or walking across a street when pedestrian crossings are not available
  • Stepping out between parked vehicles
  • Walking while distracted such as listening to music with earbuds and texting or talking on a cell phone
  • Walking in prohibited areas such as along bridges or highways

Injuries from Pedestrian Accidents

Since pedestrians are virtually unprotected against a motor vehicle in an accident, they often suffer serious injuries as a result. Following are some common pedestrian injuries seen in collisions with motor vehicles:

Financial Restitution for Fatal Pedestrian Accidents

Families who have lost a loved one in a pedestrian accident may be able to pursue a wrongful death claim to recover damages incurred. The main areas of recovery in a wrongful death claim are:

  • Cost of household services a decedent provided such as childcare, landscaping around the home, and more
  • Financial contributions a decedent would have provided to the family during his or her lifetime
  • Funeral and burial expenses
  • Loss of comfort, society, affection, moral support, and love
  • Loss of consortium if the spouse is pursuing a claim
  • Medical bills for the deceased before his or her passing

Knowing When to Call a Wrongful Death Lawyer for Assistance

Pedestrian fatalities caused by a negligent motorist can be devastating for surviving family members. In many cases of wrongful death, the loss of a loved one can worsen a family’s financial situation. An experienced wrongful death lawyer can assist by gathering the evidence, sometimes with the use of expert witnesses and collision reconstruction experts, to obtain fair compensation for a loved one’s death. While no amount can bring someone you have lost back, monetary compensation can help a family recover financially from their loss.

Modesto Wrongful Death Attorney

I’m Ed Smith, a Modesto wrongful death attorney. The loss of a loved one is never easy. If you have lost someone you love in an accident caused by a negligent driver, you may contact me anytime for compassionate, free and friendly legal advice on your situation. Please feel free to reach out to me at (209) 227-1931 locally or (800) 404-5400 outside the area code.

Read reviews of my work by my former clients at:

I belong to the Million Dollar Advocates as a member of California. This national forum is reserved for top trial lawyers with a prior verdict or settlement worth $1 million and over.

Browse my Verdicts and Settlements page.

Modesto Pedestrian Accident Fatality: AutoAccident.com

Image Source: By “Kat Jayne” via Pexels / Modesto Pedestrian Accident Fatality

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