A Sacramento man was struck by a vehicle and killed on Sunday evening according to the California Highway Patrol. The accident occurred around 9:20 pm on the northbound lanes of Watt Ave. just south of Whitney Ave.
First responders attempted to save the man, but he was pronounced dead on the scene. The driver remained on scene for questioning. Drug and alcohol are not considered factors in the crash.
Our thoughts and prayers go out to the family and friends of the man who passed away in this terrible tragedy.
Grieving Those Who Are Lost Unexpectedly
Even with warning signs, we are never truly prepared for losing someone close to us. But when a death comes unexpectedly, it can be even more difficult to comprehend and handle. The grieving and mourning process is different for everyone, but a necessary part of helping us get through losing someone close to us. There is nothing wrong with seeking counseling or the help of others through such a time.
What is a Wrongful Death Action?
A wrongful death claim is an action brought by the surviving family of someone who died because of the negligence or wrongful act of another. This can include the surviving spouse, domestic partner, surviving children, and parents or siblings. California state law limits the people who can bring a claim on behalf of the deceased and is based on succession.
Proving Liability in a Wrongful Death Claim
To prove liability in a wrongful death action, the plaintiff must show that another party was negligent and the cause of the death. To do this the plaintiff must fulfill the elements of negligence with sufficient proof.
Duty. The liable party must have a duty of care owed to the victim. This could be a duty to drive reasonably in unsafe weather conditions or following traffic laws.
Breach. The liable party must breach this duty in some way. An example of this would be exceeding the speed limit or driving fast through heavy rain.
Cause. The breach of the duty of care must because the cause of the death. This means that the negligent behavior was the actual cause of death—not something else.
Damages. The death resulted in losses to the plaintiff and other claimants. Some common examples of damages are medical bills, funeral costs, loss of future income, and loss of financial support. Importantly, California courts have ruled that emotional distress damages are not available in a wrongful death action. However, a person may be able to assert a negligent or intentional infliction of emotional distress claim against the at fault party.
Can a Wrongful Death Lawyer Help Me?
Any death of a loved one is difficult to handle—whether expected or unexpected. But where a loved one has died because of the negligence of another, a personal injury attorney can be helpful. With a lawyer on your side, they will be able to investigate the accident and build a case for financial compensation for the loss.
We understand that nothing can bring a loved one back. What we can do though, is to help you get financial justice for your loss.
Please call us today for a free case evaluation. We are here to help through this difficult time. We offer free and friendly advice and our aim is to help you determine your options.
Call us today at (916) 619-5452 or fill out our form online and someone will be in contact with you soon.
