Woman Struck by Car, Killed on Road 26 Near Madera

Woman Killed After Pedestrian Accident Near Madera

A 55-year-old Susanville woman was killed after a pedestrian accident near Madera, CA, on the night of April 12, 2020. The incident occurred around 10:30 p.m. on Road 26 just north of Haley Way, the California Highway Patrol (CHP) reported. The CHP said the woman was reportedly pushing a shopping cart across Road 26 when she was hit and killed by an oncoming Kia. The driver of the Kia, a 19-year-old Madera man, allegedly drove away from the scene. He went home, checked for damage to the vehicle, and returned to the crash site to cooperate with investigators. He was not determined to be driving under the influence of drugs or alcohol and was not arrested. Further details about the crash, including the identity of the decedent, have not yet been released.

Loss of a Loved One

Having a loved one pass away unexpectedly in a pedestrian accident is devastating. During this challenging time, you may find that your life is in an upheaval. This may be affecting your family, emotions, and finances. Now, you may be wondering who you can depend on for obtaining justice for your loved one. An experienced Madera wrongful death lawyer can advocate on behalf of your family to ensure that justice and fair compensation is secured. A lawyer who is dedicated and compassionate can work to achieve accountability for the negligence of those who caused harm to your loved one.

What is a Wrongful Death Claim?

When a loved one is killed in a pedestrian accident caused by another person’s negligence, the family of the deceased may be able to file a wrongful death claim for losses incurred. In most cases, families with viable claims are often awarded economic and noneconomic damages for financial and intangible losses related to their loved one’s wrongful death. Economic damages are losses that can be easily calculated and proven. Funeral and burial expenses, lost future financial support, and loss of household services are among the most common types of economic damages awarded in wrongful death claims. For the end of life medical expenses, these are generally recovered through survival actions. Noneconomic damages are much more subjective and challenging to place a dollar amount on. Some of the most common types of noneconomic damages include mental anguish, emotional suffering, and loss of a loved one’s care, companionship, and protection. To learn more about wrongful death claims and how they work to compensate surviving family members, watch the video below.

Does Insurance Cover Wrongful Death for a Madera Pedestrian Accident?

When a loved one’s life is lost in a pedestrian accident, survivors generally have to file a wrongful death claim with the at-fault party’s insurance company. The insurer representing the negligent driver usually starts their own investigation to determine fault. When it comes to liability, California follows a system of comparative negligence, which means insurance companies often have incentives to find reasons why a decedent could be placed at fault for a pedestrian accident. This is the insurer’s way of limiting their financial liability for the incident. For this reason, survivors should retain an experienced Madera wrongful death attorney. An attorney can conduct their own independent investigation into the accident, identify all negligent parties, and prepare a strong case for negotiations with the insurer. If all attempts at a fair wrongful death settlement fail, the lawyer can present the case to a judge or jury, if necessary.

How Long Do You Have to File a Wrongful Death Lawsuit?

There is a statute of limitations for wrongful death cases in California. All lawsuits must be filed within two years of a loved one’s death, whether by a surviving spouse, domestic partner, or child. If such parties are nonexistent, other family members may be eligible to file for wrongful death under the California Code of Civil Procedure Section 377.60. An experienced wrongful death lawyer in Madera can help simplify the wrongful death claims process to allow survivors to focus on what matters most, their family and the grieving process.

Personal Injury Lawyer in Madera

I’m Ed Smith, a Madera personal injury lawyer. Suffering injuries or losing a loved one in a pedestrian accident is tragic and life-changing. If another party is to blame for your injuries or your loved one’s death, you and your family deserve justice and fair compensation for your damages. If this situation applies to you and your family, please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my free, friendly advice. I can help review the facts of your case and discuss your potential options for recovery.

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Our personal injury law firm knows what it takes to obtain fair compensation for families who have lost loved ones in pedestrian accidents. To see our history of case results, go to our Verdicts and Settlements page.

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