Pedestrian Accident Fatality Reported in Merced County

Pedestrian Accident Fatality Reported in Merced County

Pedestrian Accident Fatality Reported in Merced County

I’m Ed Smith, a Merced wrongful death attorney. A pedestrian received fatal injuries when he was hit by a large truck while attempting to cross Highway 165 near Los Banos on July 23, 2018. At approximately 10:40 in the morning, a man was crossing the highway on foot near Mercey Springs Road and Middle Road when he was struck by an oncoming tractor-trailer. Unfortunately, the man was pronounced deceased at the scene by emergency personnel. The identity of the victim has been released by the Merced County Coroner’s Office as 41-year-old Miguel Angel Martinez of Los Banos.

We would like to take this moment to send our healing thoughts and prayers to those grieving the loss of their loved one during this heartwrenching time.

Pedestrian Safety Tips

The following tips should be kept in mind when walking as a pedestrian on the road:

  • Distractions: Avoid using earphones to listen to music and talking or texting on a cell phone. These distractions may limit your¬†ability to react to emergency situations within your surroundings;
  • Visibility: Pedestrians must remember that they may be difficult to see by approaching motorists, especially during the night. To increase your visibility as a pedestrian, wear light-colored clothing during the day and use reflective material or a flashlight at night;
  • Turning Vehicles: Keep in mind that not all drivers use their signals when making turns. Be sure to keep an eye for turning vehicles at all times;
  • Sobriety: Do not walk while under the influence of alcohol or drugs as this may affect your ability to make ethical judgments.

Pedestrian Accidents and Injuries

Pedestrians frequently suffer serious injuries due to their lack of protection against a motor vehicle, especially those traveling at high speeds. Some of the common injuries from a pedestrian accident include:

  • Bone Fractures: These can be sustained when the force from a motor vehicle or fall to the ground causes a break in the continuity of the bone;
  • Traumatic Brain Injuries (TBI): A severe TBI can result when the skull strikes hard surfaces such as pavement or the hood of a motor vehicle. The skull encases the brain which continues to move after a blunt force, further causing brain tissue tears or bruises;
  • Upper Extremity Injuries: This type of trauma is common as it can be caused by a fall to the ground or a collision with an oncoming car. Cuts, abrasions, and scrapes can occur as a result;
  • Lower Extremity Injuries: Trauma to the legs is a frequent site of injury since this location is commonly struck on a pedestrian from a motor vehicle;
  • Fatality: This is common when a large vehicle is involved, such as a tractor-trailer.

Wrongful Death Claims

The loss of a family member is devastating, especially when that loss was caused by the negligence of someone else. When this happens, a wrongful death claim can be brought by certain parties related to the deceased that meet the requirements of California Code for Civil Procedure section 377.60 in recovering the following damages:

  • Funeral Costs: Surviving family members may claim funeral and burial expenses in a wrongful death claim;
  • Loss of Household Services: If the decedent did not work outside of the home and performed services such as housekeeping, cooking and child care, a value can be assigned to these lost services;
  • End-of-Life Medical Care: Medical bills incurred up to the time of death may be recovered in a survival action;
  • Loss of Companionship: In the case of a deceased spouse, the loss of marital relations and consortium may be compensated;
  • Loss of Guidance: In the case of a deceased parent, children of the decedent can be compensated for the loss of training and guidance they would have been provided with had his or her parent lived.

How a Wrongful Death Lawyer Can Help

Struggling with the loss of someone you love is never easy. When that loss was caused by wrongful death, the grief is compounded. A family who has experienced this type of situation can feel confident that there is help available by calling an experienced wrongful death lawyer in Merced. A compassionate attorney understands the magnitude of grief a family may be left with when a loved one is lost and can help them through difficult times in recovering fair compensation for their loved one’s untimely demise.

Merced Wrongful Death Attorney

I’m Ed Smith, a Merced wrongful death attorney. Nothing is more painful than the sudden, unexpected loss of a loved one. This situation can become even more challenging to undergo when the death was caused by the negligence of another party or entity. If you have lost someone you love in an accident, please feel free to contact me any time at (209) 227-1931 or toll-free at (800) 404-5400 for compassionate, free and friendly case advice.

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The Million Dollar Advocates is a forum which recognizes top trial attorneys from around the nation who have negotiated settlements or won verdicts worth $1 million for a client. I am proudly listed as a California member of this association.

For a list of my past cases and their results, go to my Verdicts and Settlements page.

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