Traffic Collision in Fontana Leads to Major Injury for Pedestrian
Fontana, CA (January 2nd, 2022) – According to the Fontana Police Department, a person sustained a catastrophic injury after being hit by a motor vehicle in Fontana on the morning of January 2nd. The pedestrian accident happened around 9:30 a.m. at the intersection of Almeria and Baseline avenues.
According to authorities, the injured pedestrian, only being identified as an adult male, was rushed to a local hospital. He is reportedly listed as being in critical condition.
Police have stated that the driver of the vehicle was not injured in the collision. The driver remained at the accident scene and was not cited by authorities.
The cause of the accident has not yet been determined. Anyone who may have witnessed the accident or has further information is being asked to contact the Fontana Police Department.
Pedestrian accidents are on the rise across the State of California. Unfortunately, these accidents typically result in the death of the pedestrian, and this is in great part due to the size and weight difference between the pedestrian and the motor vehicle that struck the person. Although pedestrians have a legal responsibility to abide by the rules of the road, motor vehicle drivers in the state have an even greater responsibility to remain vigilant of pedestrians that may be around. Even if a person is not crossing the street in a marked crosswalk, the driver who struck the pedestrian may still be held accountable for the victim’s passing.
When a person loses his or her life after being struck by a motor vehicle, the experience can be traumatizing and overwhelming for the victim’s serving friends and family members. Accident cases that involve a person being tragically killed by a motor vehicle can be considered wrongful death cases since the victim was killed as a result of the careless and/or negligent actions of another.
In the State of California, wrongful death happens when a person dies as a result of someone else’s actions, or lack thereof. In these situations, the victim’s surviving loved ones may be eligible to file a wrongful death lawsuit against the party who caused the accident that ultimately took the victim’s life.
According to the California Code of Civil Procedure §377.60, monetary compensation can be obtained from an at-fault party when the plaintiff can establish that a) a person passed away; b) the victim’s death was caused as a result of someone else’s wrongful actions, intentional actions, criminal conduct, or negligence; c) the plaintiff or the victim sustained an injury because of the death; and d) the plaintiff or estate administrator is lawfully permitted to bring a claim forward for a collection of the damages.
For the most part, any family member who is blood-related or through marriage can seek monetary compensation for the damages incurred as a result of the wrongful death. In the State of California, the following individuals are specifically allowed to file a wrongful death claim: a) the surviving domestic partner or spouse; b) children and grandchildren, and; c) those who have a right to the victim’s estate or who were financially dependent on the victim.
The State of California follows the theory of pure comparative negligence when it comes to tort cases. For the most part, when a person is involved in an accident resulting in harm, all parties involved in the accident can be held responsible for their share of the damages.
In a pedestrian accident resulting in wrongful death, a victim who is found to have been partially responsible for the accident may still allow the plaintiff to recover compensation. This is because, unlike other states, California allows plaintiffs of personal injury cases to continue to seek compensation even when the victim is found to be more than 50% at fault for the accident that resulted in his or her injuries.
If the pedestrian is found partially responsible for the accident that caused his or her fatal injuries, the plaintiffs filing a claim on behalf of the deceased may be eligible to obtain compensation up to the percentage for which the victim was found at fault.
Depending on the facts of the case, a victim’s family can recover compensation for any expenses incurred as a result of the accident. Generally, damages sought in a wrongful death claim can involve economic and non-economic damages. This may include medical costs, surgical procedures, loss of income, loss of the relationship, pain and suffering, loss of companionship, and more.
Punitive damages are usually not available in wrongful death claims filed in the state. Still, there are exceptions to this rule. For instance, when the liable party is found guilty of a felony murder where the tragic death was the result of an act committed while the defendant was committing a felony, the victim’s loved ones may be able to recover punitive damages.
Concerning pedestrian accident cases, recovering full and fair monetary compensation for the wrongful death requires extensive legal experience and knowledge of the law. If someone you love was tragically and fatally wounded in a pedestrian accident, you will need to seek the legal support of a well-versed attorney who has extensive experience handling wrongful death cases. A skilled litigator will ensure the case is thoroughly investigated and will fight diligently to ensure maximum compensation is secured.
At the Law Offices of Attorney Justin H. King, the firm understands how difficult a wrongful death can be for a family. In order to allow grieving family members to focus on their healing, the law firm is prepared to handle the complexities of the case. A pedestrian accident resulting in wrongful death is usually more complicated than most other types of accident claims. With the support of the Law Offices of Attorney King, the case could result in a favorable outcome.
After losing a loved one in a pedestrian accident, consider contacting the Law Offices of Attorney King. You can call the law firm at (909) 297-5001 or complete the confidential online contact form here to schedule your complimentary case evaluation.