Pedestrians are always at serious risk when they must interact with motor vehicle traffic when trying to cross the street. Anyone on foot or in a wheelchair is so extremely vulnerable and unprotected in these situations that drivers have a legal obligation or “duty of care” no matter where they encounter a pedestrian. That means they must take special caution to look out for and stop for pedestrians because of the severe consequences possible when a vehicle strikes a defenseless person.
That “duty of care” on the part of the driver can definitely save innocent lives in Fresno and across the state when observed. The Office of Traffic Safety finds that California’s pedestrian fatality rate is almost 25% higher than the national average. No state has more pedestrian deaths on its roadways than California.
When a distracted or careless driver doesn’t bother to practice that extra care they can make a tragic mistake that can lead to severe injuries or even a loss of life.
Man in Wheelchair Hit and Killed in West Fresno
A man in a wheelchair was struck and killed by a hit-and-run driver in west-central Fresno early Sunday morning. ABC30-TV reported the accident happened on Olive Avenue at the southbound Highway 99 off-ramp around 2:30 a.m. on October 18, 2020.
The Fresno Police Department said the 37-yr-old victim was trying to cross Olive Avenue when he was hit. The driver of the car involved left the scene heading eastbound.
The man in the wheelchair was taken to Community Regional Medical Center and died later that morning.
Investigators continue to look for the hit-and-run driver. They say the suspect is driving a gray Sedan or Subaru car with front-end damage. A description of the driver has not been released.
Finding Help for Fresno Families After a Fatal Accident
Pedestrian accidents leave devastated families to face the consequences of a careless driver’s actions. The grief experienced is only magnified when the driver responsible speeds away and doesn’t bother to face the reality of what he or she has done.
Loved ones left behind may wonder how to ever find closure when a hit-and-run driver has not been brought to justice. The family may face the many costs left behind by an accident in the weeks to come. Things like ambulance and hospital bills and funeral costs could fall to the family and victimize loved ones after already enduring a tragedy.
If the hit-and-run driver is never identified, family members may be able to recover compensation if the victim had a car insurance policy. A claim against the uninsured/underinsured coverage could reimburse the family for many of their hardships.
If a positive I-D is made and the driver is arrested, then the family is entitled to file a wrongful death claim. This civil lawsuit can be filed by a loved one representing the entire family. The claim could be brought forward by a spouse or domestic partner or a child of the deceased. An attorney can also represent the family in a wrongful death case. A successful lawsuit could provide the family money to pay bills that have built up since the accident. The financial stability of the family in the coming years could also be considered in an award.
Contact a Fresno Pedestrian Accident Attorney
Families who have lost a loved one to a careless driver are allowed up to two years from the date the victim passed away to file a wrongful death claim. The attorneys with Maison Law of Fresno don’t recommend families wait one or two years to file a lawsuit. The sooner the claim moves forward, the more straightforward it will be to collect evidence and documents and locate witnesses. An attorney working for your family can help assemble these details to build a strong case.
After an accident involving a serious injury or a tragic death, contact an experienced Fresno pedestrian accident lawyer such as Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice, and personalized attention to detail their case deserves.
