Turlock Man Killed in Hit and Run Accident
A 29-year-old Turlock man was killed in a hit and run accident on the night of August 1, 2019. The pedestrian accident occurred around 11:30 p.m. on Fulkerth Road and Commons Road, just west of Turlock. A man was driving his Isuzu SUV eastbound along Fulkerth Road when he pulled his vehicle over on the side of the road. When he stepped out of his SUV, he was hit by an oncoming vehicle. The driver of the other car reportedly fled the scene, leaving the man behind to succumb to his injuries. I would like to send my heartfelt thoughts and prayers to the decedent’s family and friends in their time of loss.
Losing a Loved One in a Turlock Hit and Run Accident
Losing a loved one in a preventable accident can turn a family’s world upside down in an instant. Coming to terms with the unexpected death may be stressful, especially when dealing with insurance claims adjusters who do not have the family’s best interests in mind. An experienced Turlock wrongful death lawyer can help in these situations by ensuring a family receives fair compensation from the insurance company for their loss. No amount of money can ever replace the loss of a family member. However, it may help lessen the stress related to the family’s emotional and financial hardships.
Wrongful Death in a Turlock Hit and Run Accident
Fatal hit and run accidents may have devastating effects on families left behind. Unlike other car wrecks, hit and runs may present unique challenges for a wrongful death claim. When the responsible driver and car cannot be located, this may place surviving family members in a predicament. Those who lived in the same household as the decedent may have other options for recourse. This is possible so long as they have uninsured/underinsured motorist coverage on their car insurance and the deceased was not listed as an excluded member from the policy. While the claim is being submitted to their own insurance company, this does not necessarily mean their insurance carrier will be on their side. This is why it is critical to contact an experienced attorney to help a family submit a wrongful death claim.
How Do You Prove a Wrongful Death Case?
There are four elements of negligence involved in a wrongful death case. The family of the deceased must be able to prove each element to recover financial compensation for their loved one’s unexpected death. These elements include:
- Duty of Care: Survivors must establish that the at-fault individual owed a duty of care to their loved one.
- Breach of Duty: The responsible party breached or violated their duty of care owed to the deceased through their negligent actions.
- Causation: The family must present evidence that shows that the negligent person’s actions were the direct cause of their loved one’s passing.
- Damages: The death of the family member must have generated quantifiable losses.
What Can Be Recovered in a California Wrongful Death Claim?
After a hit and run accident, California law allows the family of the deceased to pursue a wrongful death claim for damages incurred. These include:
- Costs of medical treatment incurred by the deceased before their passing may be recovered through a survival action.
- Emotional distress and mental anguish.
- Expenses for funeral and burial services may be claimed by the family member who paid for them.
- Household services lost due to the loved one’s death.
- Income, inheritance, and benefits that have been lost as a result of the wrongful death car accident and that is expected to be lost in the future.
- Loss of a deceased parent’s guidance and training for surviving children.
- Loss of the decedent’s care, companionship, affection, and love.
For more information on wrongful death claims, watch the informative video below.
Who Can File for Wrongful Death in California?
California law is specific on who can bring a wrongful death claim. First in line are the surviving children, spouse, or domestic partner of the decedent. This is by California Code of Civil Procedure Section 377.60. Next in line are the deceased person’s stepchildren, parents, putative spouse, or children of the putative spouse. Minors who resided with the deceased for at least 180 days before the decedent’s passing may also be eligible to file a wrongful death action. This is possible so long as they can prove that they received 50 percent financial support from the deceased at the time of their death. If you are unsure whether you meet the requirements for a wrongful death case, reach out to a compassionate, experienced attorney in Turlock.
Wrongful Death Attorneys in Turlock
I’m Ed Smith, a Turlock wrongful death attorney. The loss of a loved one is heartbreaking enough, but losing one due to the negligence of someone else makes it that much more challenging. If you have lost someone you love in an accident caused by the negligent acts of another driver or entity, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my compassionate, free and friendly advice.
Look at our client ratings and reviews at the following sites:
I belong to the National Association of Distinguished Counsel and the Million Dollar Advocates. Members are chosen for the first group due to their high standards of legal excellence. Members of the other forum are those trial attorneys who have obtained over $1 million for a client.
See a selection of our past case results on our Verdicts and Settlements page.
Image Attribution: By “Daniel Reche” via Pexels
:ds llo [cs 940]