Woman Killed in Stockton Pedestrian Accident

Woman Killed in Stockton Pedestrian Accident

A woman was killed in a Stockton pedestrian accident on the morning of August 19, 2019. The crash occurred just before 4:00 a.m. on northbound Interstate 5 at the interchange for West Hammer Lane. The California Highway Patrol (CHP) was contacted by a person who reported seeing an injured woman lying in the middle and right lanes of the freeway. Officers from CHP responded to the scene and had found that the woman was hit multiple times by several vehicles. Sadly, she was pronounced deceased at the scene by authorities. She has been identified by officials as Rosamaria Aguilar, a 42-year-old Stockton woman.

Loved One Forever Remembered

Rosamaria Aguilar was a beloved member of her family. She will be missed and remembered by those who knew and loved her for her kind and loving soul. A GoFundMe account has been established by the family of Ms. Aguilar to help cover her funeral expenses.

Losing a Family Member in a Stockton Pedestrian Accident

An unexpected death in the family is devastating. It is not only emotionally draining but also financially. This is especially true if survivors depended on the decedent as their primary provider of the family. Matters may often be worsened when dealing with unsympathetic parties. Insurance companies are focused on their bottom line. This means they do not take a family’s losses or welfare into consideration after a wrongful death pedestrian accident. They may try to make a settlement offer for the least amount possible. This is why it is critical to have an experienced Stockton wrongful death attorney at your side. A lawyer knows the ways of overcoming tactics insurance claims adjusters use to minimize what they payout for a fatal accident. This way, the family can focus on recovering and grieving from their loved one’s death without legal worry.

Does Insurance Cover Wrongful Death in a Stockton Pedestrian Accident?

After a fatal pedestrian accident, survivors will need to file a third-party claim with the negligent driver’s insurer for compensation. If the liable party does not have insurance or carries minimal coverage, a claim may be filed with the decedent’s car insurance policy if they have uninsured/underinsured motorist coverage (UM/UIM). This type of insurance benefit is intended to cover those injured or killed in an accident with a driver who has little to no insurance. It may also cover injuries or death in a hit and run accident. If the deceased did not have car insurance but lived with someone who does and has UM/UIM coverage, a claim may also be brought against that relative’s policy. This is a potential option so long as the decedent was not excluded from the insurance policy.

How Does a Wrongful Death Settlement Work?

A wrongful death claim is intended to compensate a family for the financial and intangible hardships they have suffered, such as:

  • Any medical expenses incurred by a loved one for a wrongful death car accident (recoverable through a survival action)
  • Costs of a family member’s funeral and burial
  • Emotional suffering and mental anguish resulting from the fatal pedestrian accident
  • Loss of care, society, comfort, and moral support provided by the decedent
  • Loss of future financial support and benefits for the family
  • Lost household services that the deceased would have continued to provide had he or she lived

Who is Entitled to Wrongful Death Benefits?

Under California Code of Civil Procedure Section 377.60, specific relatives are eligible to bring a claim for wrongful death. These include living children, spouses, or domestic partners. If such parties are no longer alive, those who were financially dependent on the deceased may also be entitled to wrongful death damages. These include surviving parents, stepchildren, or putative spouses. For more details on who can file for wrongful death, watch the below video. To determine your eligibility for a wrongful death case, contact an experienced attorney.

When to File a Wrongful Death Lawsuit

Every state has strict time limits within which a wrongful death suit must be filed. In California, survivors have two years from the date of their loved one’s death to bring a claim. When government negligence is involved in a wrongful death pedestrian accident, the deadline is shortened to six months or 180 days from the time of death. Since specific criteria and time limits must be met in these cases, it is best to retain an experienced lawyer to guide you and your family through the legal process.

Personal Injury Lawyers in Stockton

I’m Ed Smith, a Stockton personal injury lawyer. Nothing is more devastating than being injured or losing a loved one to a pedestrian accident caused by someone else’s negligence. If you or a loved one has been injured or killed in a pedestrian accident due to the negligent or careless acts of another, 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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Photo Credit: By “StockSnap” via Pixabay

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