When you decide to cross a street, there are certain things you can do to enhance your safety. You can choose to cross with the light and you can choose to cross inside the crosswalk. When you do those things, you likely have certain expectations, like not being run over by a large vehicle. Regrettably, these kinds of pedestrian accidents do happen all too often. If you’ve been hurt (or a loved one was killed) in this type of pedestrian-versus-truck accident, be sure you reach out to a knowledgeable California injury attorney about your situation.
Unfortunately for one 69-year-old southern California woman, she allegedly did all those safety-related things right as she cross a street in Alhambra, but still met with a tragic end. She reportedly had a walk signal and she was inside the crosswalk when a cargo van that was turning left crashed into her. She suffered injuries to her brain and to her cardiovascular system. Those injuries ultimately proved fatal, according to the Pasadena Star-News.
When that happens to your loved one, there are certain things you should know. It is fundamentally understood that no amount of money can take the place of a beloved family member. However, what is also undeniably true is that the unexpected loss of a loved one can cause massive harm to the family members left behind, both emotionally and, sometimes, financially.
If you are the deceased’s surviving spouse, domestic partner or child, then you can file a wrongful death lawsuit. California law allows these relatives to pursue a variety of types of damages in a wrongful death case. One type of damages is compensation for actual costs incurred as a result of the fatal accident. They include things like medical expenses and funeral/burial expenses. If the victim was still working, you can also seek damages for the income the deceased would have earned had she not been prematurely struck down. Additionally, a claim for other losses, such as the loss of companionship, love and guidance, can be included.
The law does not allow the surviving family members to pursue a claim for emotional distress damages in a wrongful death claim. That does not necessarily mean that those damages cannot be compensated, however. In some situations, it may be possible to successfully pursue a claim for negligent infliction of emotional distress or intentional infliction of emotional distress in connection with the same accident.
Skilled legal counsel can help you identify all the correct defendants, too. If the driver of the truck that hit you or your loved one was acting on behalf of his employer when the accident took place, you very possibly will be able to bring your lawsuit against both the driver and the person or company that employed him. Establishing liability on the part of the employer can be a key part of helping you get a full recovery of the damages you were awarded.
In the case of the cargo truck accident, the pedestrian’s family was successful in the pursuit of their wrongful death claim. In addition to awarding the family special damages $28,000 that represented the woman’s past medical expense damages, the court also awarded then additional damages that made the gross verdict $4.528 million.
If you or a loved one is injured in a pedestrian accident or an accident involving a commercial truck, do not wait to take action. Call upon the skilled San Mateo personal injury attorneys at the Law Offices of Galine, Frye, Fitting & Frangos, who have been helping injured people to get the compensation they deserve for many years. To set up a free consultation with one of our experienced attorneys, contact us at 650-345-8484 or reach out through our website.
More Blog Posts:
An Accident Along the Famed Venice Beach Boardwalk Leads to a $14M Settlement, San Mateo Injury Lawyers Blog, Published June 13, 2018
Injured California Pedestrian’s Soft Tissue Damage Leads to $950K Jury Award, San Mateo Injury Lawyers Blog, Published April 12, 2018