I-80 Accident Claims Life of Female Pedestrian
A pedestrian fatality accident occurred in Vacaville on April 4 after a woman attempted to cross westbound Interstate 80. The accident happened before 5:00 a.m. close to Davis Street. The report issued by the Solano County California Highway Patrol (CHP) stated that she was initially struck by one vehicle and then others, which has still to be determined.
Traffic Lanes Closed as Investigation Is Conducted Into Cause of Pedestrian Fatality
Three traffic lanes of westbound I-80 were closed down due to the fatal accident, delaying traffic. The investigation by the CHP into what happened is ongoing. No information has been released on whether any of the drivers will be charged with the death.
Filing a Wrongful Death Claim in California
When it comes to filing a wrongful death claim in California, the process can be complicated. Those looking to file should contact an experienced personal injury attorney to ensure all of their legal rights are protected. The initial step in filing a wrongful death suit is determining who is qualified to bring the suit.
Who Can File a Wrongful Death Claim for a Pedestrian Fatality
In California, only certain people can file a wrongful death action. These individuals include the decedent’s surviving spouse, domestic partner, and children or their representatives, such as grandchildren. If no family members are alive, the claim may be brought by other persons entitled to the decedent’s property under California law if he or she had died without a will.
Other Than Immediate Family Who Might Be Able to File
In addition, the person filing the wrongful death claim must have a certain legal relationship with the deceased to bring suit if they are not immediate family. These include being related as siblings, grandparents or other blood relatives; as stepparents; or having been appointed by the court as guardians or conservators of the decedent’s estate.
Establishing Wrongful Death in a Pedestrian Fatality
The next step in filing a wrongful death claim is to establish the responsible party or parties. This can be done by providing evidence of the negligent acts that led to the pedestrian’s death, such as speeding, distracted driving or being intoxicated. It can also involve identifying defective products related to the death, such as faulty automobile parts, or proving the existence of a dangerous condition of lack of roadway maintenance that caused the death.
Proving Losses in a Pedestrian Fatality
The person filing the lawsuit must also prove that their loved one’s death was wrongfully caused and that they have suffered damages as a result. Damages can include funeral costs, lost wages or loss of consortium. Damages can also include pain and suffering or emotional distress caused by the death.
Filing Within the Statute of Limitations
Finally, wrongful death claims must be filed within two years from the date of death in California, so it is important to act quickly to ensure that all legal rights are protected. An experienced personal injury attorney can provide assistance with filing a wrongful death claim and ensuring that all the requirements are met.
Vacaville Personal Injury Lawyer
I’m Ed Smith, a Vacaville personal injury lawyer. When a loved one dies due to negligence, a grieving family may consider filing a wrongful death lawsuit. If you would like free and friendly advice, you can reach us at (707) 564-1900. We are also available online. You can reach us at (800) 404-5400 if you are calling from long distance.
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