Merced Woman Killed After Pedestrian Accident on Highway 140

Woman Killed After Pedestrian Accident in Merced

A Merced woman was killed after a pedestrian accident on Highway 140 near Santa Fe Avenue on April 14, 2020. The incident occurred around 9:50 p.m. when a woman pushing a shopping cart in the area was hit by a 2008 Toyota Scion XD and a 1997 GMC SUV, according to the Merced Police Department. The Toyota was traveling eastbound, and the GMC was headed westbound when each crashed into the woman. Sadly, she was pronounced deceased on site by first responders. Both drivers stayed at the scene and cooperated with investigators. None of the motorists have been arrested in connection to the fatal auto-pedestrian accident. Further information, including the identity of the decedent, was not immediately available.

What Damages Can Be Recovered in a California Wrongful Death Claim?

The loss of a loved one after a pedestrian accident is devastating, a preventable event that often results in immense family implications. If the death was caused by negligence, survivors may be entitled to economic and noneconomic damages. These serve to compensate surviving family members for their loss. With the help of a Merced wrongful death lawyer, damages awarded to surviving family members generally include:

  • Costs of medical care if the decedent received treatment between the pedestrian accident and their death (recoverable through a survival action)
  • Funeral and burial expenses for the deceased
  • Mental anguish and emotional suffering as a result of a loved one’s wrongful death
  • The decedent’s lost earnings, including employee benefits and projected future income
  • The loss of a loved one’s care, guidance, and companionship

How Are Wrongful Death Settlements Paid Out?

After a wrongful death pedestrian accident, the insurance company representing the negligent driver is generally responsible for damages incurred. If the at-fault party carries little to no bodily injury liability coverage, then this may put the family of the decedent in a financial predicament. Fortunately, uninsured/underinsured motorist coverage (UM/UIM) can come into play in these situations. UM coverage can help protect families who have lost loved ones in accidents caused by uninsured drivers. Conversely, UIM coverage can help supplement any losses not fully covered by the at-fault party. If the pedestrian did not have car insurance with UM/UIM benefits but lived with a relative who did, that family member’s policy may extend coverage to the pedestrian. This is a viable option, so long as the decedent was not excluded from the insurance plan. For more details on wrongful death cases and recoverable damages, watch the video below.

Can a Family Member Sue for Wrongful Death?

People directly affected by the loss of a loved one, such as a decedent’s spouse, domestic partner, or child, are entitled to file a wrongful death lawsuit. This is by the California Code of Civil Procedure Section 377.60. Other affected parties, such as putative spouses, stepchildren, and parents, may also file for wrongful death. This will depend on the circumstances involved in the case.

What is the Statute of Limitations on Filing a Merced Pedestrian Accident Case?

A wrongful death lawsuit for a pedestrian accident must be brought within a reasonable time. In California, a wrongful death claim must be filed within the statute of limitations, which is two years from the date of a loved one’s passing. If your family has lost a loved one in an accident caused by someone else’s negligence, it is best to contact an experienced wrongful death lawyer in Merced to discuss what criteria and deadlines apply in your case.

Personal Injury Lawyers in Merced

I’m Ed Smith, a Merced personal injury lawyer. After a pedestrian accident, it can be challenging to get your life back on track, particularly when you have suffered serious injuries or lost a loved one. In these situations, an experienced injury attorney can help you and your family recover the compensation and justice you need and deserve. If you have been injured or lost a loved one after a pedestrian accident in Merced, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice.

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At our personal injury law firm, we know the strategies insurance companies use to defend themselves from financial liability in personal injury and wrongful death claims. We know how to determine the fair and full value of these cases, and how to hold negligent parties accountable for the consequences of their actions. To see how we have helped others with their cases, go to our Verdicts and Settlements page.

Image Source: By “GoranH” via Pixabay

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