Stockton Bicycle Accident Fatally Injures Woman
I’m Ed Smith, a Stockton wrongful death attorney. A woman lost her life in a bicycle accident in northwest Stockton during the early afternoon of July 23, 2018. According to the Stockton Police Department, a woman in her 30s was riding her bicycle near Hammer Lane and Don Avenue when she was struck by an oncoming vehicle, whose driver remained at the scene and cooperated with authorities. Medical personnel arrived at the scene to transport the woman to an area hospital where she was later declared deceased. Her identity has been withheld due to pending notification of next-of-kin.
Our heartfelt thoughts and condolences go out to those coping with the loss of their loved one during this difficult time.
Bicycle Accidents and Wrongful Death
Drivers are obligated to exercise due care toward others on the road, including bicyclists. When a motorist breaches this duty of care and causes a fatal bicycle accident, they can be held financially responsible for damages incurred. To recover compensation, driver negligence must be proven through factors such as speeding, distracted driving, driving under the influence of alcohol and other negligent motorist behaviors. This can be supported by a collection of accident evidence such as tire marks, traffic collision reports, witness statements, photographs of property damage to the bicycle and motor vehicle involved, and more. For additional details, contact an experienced wrongful death lawyer.
Who Can File a Wrongful Death Claim?
Certain parties that meet the criteria of California Code for Civil Procedure section 377.60 may be able to file a wrongful death claim. These parties include:
- Surviving spouse, if the individual was married at the time of his or her passing
- Children of a decedent
- Surviving domestic partner
- Any minor who had lived with a deceased for 180 days and was dependent on that person for at least 50 percent of his or her support
- Putative spouse (a person who was not legally married to a decedent according to state laws but in good faith believed he or she was married to that individual)
- Parents, children and stepchildren of a putative spouse
Watch YouTube Video – By Lawyer Ed Smith – What is a Wrongful Death Claim?
By watching the following video, you can learn which family members of the deceased are entitled to bring a claim for wrongful death and what types of damages may be recovered.
What Damages Can Be Recovered in a Wrongful Death Lawsuit
To recover damages in a California wrongful death lawsuit, evidence must prove that a loved one passed away due to the negligent actions of another party or entity, which could have been prevented. These types of cases compensate dependents of a deceased to help alleviate the financial hardships felt by his or her unexpected loss. These damages may include costs of a funeral and burial, end-of-life medical care, loss of the decedent’s expected income, services the deceased would have provided to his or her family, and other related damages.
How a Wrongful Death Lawyer Can Help
Losing a family member as a result of wrongful death can be devastating on both an emotional and financial level. When this happens in a family, it is important to know that help is available by contacting an experienced wrongful death lawyer in Stockton. A compassionate attorney understands the financial and emotional difficulties a family may face after the unforeseen death of a loved one. A claim may be filed to recover compensation for the loss of life.
Stockton Wrongful Death Attorney
I’m Ed Smith, a Stockton wrongful death attorney. The loss of a loved one due to an unforeseen fatal accident caused by a negligent party or entity can be difficult to accept, especially when that loved one’s emotional and financial support is suddenly withdrawn. While no amount of compensation can bring a family member back, recovering monetary compensation in a wrongful death claim can help lessen the financial stress and anxiety associated with a loved one’s death. If this has happened to your family, you may call me any time for compassionate, free and friendly advice. Please feel free to give me a call at (209) 227-1931 or toll-free at (800) 404-5400.
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Photograph Attribution: By “Counselling” via Pixabay under CC0 Creative Commons
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