Accident on West Side Freeway Claims Pedestrian’s Life
An unidentified woman was struck and killed in a traffic collision on April 25 near the Pocket area of Sacramento. The accident occurred along Interstate 5 southbound near Florin Road around 12:10 a.m., according to the California Highway Patrol (CHP). A driver traveling along the highway said they were in the left lane when they spotted something in the road but could not react in time to avoid striking it. It turned out to be a female pedestrian.
Driver Calls Authorities to Report Pedestrian Traffic Collision
The driver got off the interstate at Pocket Road to notify authorities. The female pedestrian expired from her injuries, and authorities are referring to her as “Jane Doe” until her identity has been determined. Police closed off that part of the interstate for around 40 minutes while an investigation into the fatal traffic collision was conducted. Neither drug nor alcohol impairment was suspected as a factor in the collision.
Facing the Sudden Loss of a Loved One
An unexpected, sudden traffic collision that results in the death of a loved one can be traumatic and devastating. It can be especially difficult when the decedent contributed to the family’s income, and they now face the uncertainty of how to pay their bills, the funeral expenses and other costs. If negligence by a motorist or other entity caused your loved one’s death, your family has the right to pursue a claim for wrongful death to recover those losses.
What Can the Family Recover by Filing a Wrongful Death Claim?
The family can recover both economic and non-economic damages in a claim for wrongful death. Economic damages are those that have a stated monetary value. Non-economic damages have assigned values because they are personal, intangible losses.
Economic Damages
Economic damages that may be recovered include the funeral and burial expenses, wages and other perks of a job the decedent would have earned until retirement age and loss of pension and insurance benefits if those apply. In some cases, the loss of inheritance may be included, which is what beneficiaries would have inherited if the decedent had lived.
Non-economic Damages
Non-economic losses that may be included are the spouse’s loss of consortium, companionship and love because of the decedent’s demise. Children in the family, including those who are adopted and stepchildren who obtained at least half their support from the decedent, can recover damages for the loss of nurturing and guidance.
In some cases, damages for a survival action may be awarded. A survival action refers to a loved one who lived for a time before expiring and is made on their behalf. Under a survival action, medical expenses that arose as a result of the accident can be recovered.
Who Can File a Claim Following a Wrongful Death?
The California Code of Civil Procedure only allows certain individuals to file lawsuits for wrongful death in civil court. People who may file this sort of legal action are listed as follows:
- Surviving spouses or domestic partners
- Children of the decedent or grandchildren of a deceased child
- Parents of the deceased if the decedent has no spouse or children
- The executor of the decedent’s estate
Sacramento Wrongful Death Lawyer
My name is Ed Smith. I am a Sacramento wrongful death lawyer. Accidents that claim the lives of a loved one are far too common these days. However, when a motorist is negligent and causes an accident, the family may wish to find out if they can file a wrongful death claim. Contact us for our free and friendly advice at (916) 921-6400. You can also reach us at (800) 404-5400 or online to have your case reviewed, ask questions and discover options to recover compensation.
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