Accident Along Pershing Avenue Claims Life of Motorcyclist
A motorcyclist fatality occurred in Stockton on March 11 after the rider was involved in a motor vehicle collision. The crash occurred at around 6:30 along Pershing Avenue near Monaco Court. The motorcycle rider was found unresponsive at the accident site and transported by medics to a hospital, where he was pronounced deceased later.
Accident Investigation Being Conducted in Motorcyclist Fatality
Officers with the Stockton Police Department (Stockton PD) report that an investigation into the cause of the motorcyclist fatality crash is being conducted to determine what happened. A GoFundMe site has been established to raise money for funeral expenses.
Losing a Loved One in a Motorcyclist Fatality Accident
Losing a loved one is one of the most difficult experiences a family can suffer. It is worse if the family member’s demise is due to another person’s or entity’s negligence. Grief and anger combine as the family passes through the difficult days after the fatality. Added to this, many families are unable to pay household bills, mortgages, and other expenses without the financial support the loved one provided. Funeral costs and burial fees further tax the family’s ability to cope.
How a Family Can Deal With Grief and Financial Loss Simultaneously
The emotional effects of a loved one’s death preoccupy most people. However, it is also necessary to deal with the practical concerns that must be met. While it will never bring back the love and emotional support the loved one provided, filing a wrongful death claim is one way to give your family the security they need.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a way to hold a negligent party accountable for the loss of a loved one. It deals with the financial loss the family suffers after the loved one’s demise. There are two types of claims that can be filed. One deals with the decedent’s injury prior to death and is called a survival action.
The other is filed by the family to reclaim the monetary and other losses the decedent’s death caused them. There are certain elements of loss the family can claim.
Who Can File a Wrongful Death Lawsuit in a Motorcyclist Fatality?
The following family members are able to file a wrongful death lawsuit against the negligent party or entity in California:
- The wife of the decedent as well as a putative spouse
- Children of the decedent
- Stepchildren of the decedent
- Minors living with the decedent for six months prior to the death and who received at least 50 percent of their support from that loved one
- Parents of the decedent if they were also supported by at least 50 percent
- Grandparents of the decedent if they lived in the home and were supported
Recovery of Damages in a Wrongful Death Suit
The following are damages that can be recovered in a wrongful death case:
- Lost wages, including current and future income
- Retirement benefits and other incentives
- Funeral and burial costs
- Loss of emotional support
- Loss of inheritance
- Loss of consortium
- Loss of household support such as mowing the lawn, cooking, and other routine jobs
- Loss of guidance for the children
For additional details on the wrongful death claims process, watch the video below.
How a Wrongful Death Motorcyclist Fatality Accident Is Investigated
As with other personal injury accidents, it is necessary to obtain evidence of wrongdoing by another person or entity. Important factors in an investigation are listed below:
- The investigators explore the scene of the accident for clues that point to negligence and why the collision happened.
- They interview witnesses to the motorcyclist fatality accident.
- They obtain video footage of the accident from surveillance cameras.
- The investigators review the traffic incident report for errors.
- They perform accident reconstruction to determine liability.
Once all the data is gathered, it is turned over to our injury attorneys to build a strong case for our client.
Stockton Wrongful Death Lawyer
My name is Ed Smith, and I’m a Stockton wrongful death lawyer. After a death in the family, it is important to obtain the insight a wrongful death attorney can provide. Call me for free and friendly advice at (209) 227-1931 or (800) 404-5400. I can also be reached online.
Learn more about my practice using the following links:
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Attributed photo: https://pixabay.com/photos/hands-open-candle-candlelight-1926414/
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