Two types of accidents seem to have pre-ordained results: motorcycle collisions with trucks or autos and pedestrians struck by the same classes of vehicles. Pedestrians have no natural protection against an automobiles apart from their own senses and level of concentration. In a very high percentage of these incidents, the outcome is usually tragic for the motorcycle or the pedestrian, as demonstrated by a recent incident in San Bernardino.
The accident
According to San Bernardino police, a man was attempting to cross a busy street in downtown San Bernardino on the morning of Sunday, Dec. 28, 2020. The pedestrian was struck by a speeding automobile while he was crossing the street using the designated crosswalk.
Police said that the driver did not stop and continued driving away from the accident scene at a high speed. Police later located the driver and arrested him. He was allegedly under the influence of marijuana and alcohol at the time of the crash. Police suspect that the man was under the influence of alcohol and marijuana at the time of the accident. He was charged with vehicular manslaughter while intoxicated and hit-and-run accident causing injury or death.
The victim was 42 years old, but no information about his work or his family has been disclosed.
Wrongful death damages
The victim’s family has a solid claim for damages caused by his wrongful death. Under California law, the family of any person who dies because of the wrongful act of another person has a claim against the actor for damages for loss of financial support, loss of future financial support and loss of emotional support.
Anyone who has lost a loved one because of the negligent act of another person can bring a suit to recover damages suffered because of the death of the loved one. These damages may include funeral expenses, medical expenses, the amount of money the deceased person would reasonably have earned had he or she remained alive, loss of financial support and loss of companionship, affection, etc. The last two items can be recovered only by surviving family members.
The pursuit of a wrongful death claim normally requires the assistance of one or more attorneys. An experienced lawyer can provide a useful evaluation of the evidence, potential legal arguments and an estimate of the likelihood of obtaining a substantial recovery.