According to a report from Yahoo News, a 21-year-old man named Cory Hunter was killed after being struck by a vehicle in a tragic collision on Highway 91, near Corona, California. The victim was reportedly abandoned on the highway by an Uber driver. His parents have now filed a wrongful death lawsuit against the San Francisco-based ride-sharing company. Within this article, our Stockton wrongful death attorney explains what we know about this case and highlights the key things families should understand about the wrongful death claims process in California.
Allegations: Young Adult Ridesharing Passenger Killed After Being Left on Side of Highway
The parents of a 21-year-old athlete, Cory Hunter, have filed a wrongful death lawsuit against Uber, alleging negligence on part of the rideshare service. The lawsuit states that after a ride on Highway 91 in Corona, California, Mr. Hunter was left on the highway’s shoulder by his Uber driver to make way for another passenger. Subsequently, Hunter was fatally struck by a Toyota Corolla while walking in the fast lane. The driver of the Corolla stopped to assist and was not investigated for a crime. Uber declined to comment on the ongoing lawsuit, the tragic incident underscores the safety challenges and responsibilities faced by rideshare companies. Mr. Hunter was described as a gifted athlete and a beloved friend and family member.
Family of Victim is Suing the Ridesharing Company (Uber)
Wrongful death lawsuits against Uber in California challenge the responsibilities and safety protocols of the ride-hailing giant. These suits often arise from tragic incidents where a passenger or third party loses their life due to alleged negligence on part of the company or its drivers. Cases range from accidents caused by drivers, to unsafe drop-off practices, and insufficient vetting processes. In this case, the parents of the victim contend that Uber bears legal responsibility for the deadly collision.
An Overview of the Wrongful Death Claims Process in California
A wrongful death claim is a civil action that arises when a person’s life is prematurely ended due to another party’s negligence, intentional act, or other types of misconduct. The repercussions of such actions are devastating, affecting not only the deceased but also the individuals left behind. Here is an overview that provides some general insights into California’s wrongful death claims process, including key definitions, eligibility, the statute of limitations, liability, and the potential compensation for grieving family members:
- Defining a Wrongful Death: In California, a wrongful death is defined as a death caused by the wrongful act or negligence of another. These incidents can happen in various circumstances, including car accidents, medical malpractice, or product liability cases. The wrongful death law is outlined in California Code of Civil Procedure Section 377.60 through 377.62. The area of our state’s statutes provides a legal avenue for the family members of the deceased to seek justice and compensation for their loss.
- Understanding Eligible to File a Claim: Not everyone is entitled to file a wrongful death claim. It is an unfortunate reality for some people who were close to the deceased, but it is important to be aware of how the law works. California’s wrongful death statute permits the deceased’s surviving spouse, domestic partner, children, and sometimes the grandchildren (if the children are deceased), to bring forth a wrongful death lawsuit. Other individuals, such as stepchildren, parents, or putative spouses, may also be eligible if they were financially dependent on the deceased.
- The Wrongful Death Statute of Limitations: Time is of the essence when it comes to filing a wrongful death claim. In California, the statute of limitations is generally two years from the date of the person’s death. However, exceptions might apply, depending on the specifics of the case, such as if the wrongful death resulted from medical malpractice. In such cases, the discovery rule may apply, allowing the lawsuit to be filed within one year of when the wrongful death was discovered or should have been discovered. Do not wait to take action: Speak to a Stockton wrongful death lawyer right away after a loved one’s fatal accident.
- Liability in a Wrongful Death Lawsuit: To succeed in a wrongful death claim, the plaintiff must prove that the defendant was negligent or acted wrongfully, and this directly led to the victim’s death. This process involves establishing a duty of care that the defendant owed to the victim, showing that this duty was breached, and proving that this breach was a substantial factor in causing the death. It is imperative that every fatal accident is investigated by an experienced Stockton, CA wrongful death attorney.
- Compensation for Grieving Family Members: The damages in a wrongful death case are aimed at compensating the surviving family members for their losses. In California, these may include economic damages, such as lost income, funeral and burial expenses, and the value of household services that the deceased would have provided. Non-economic damages may also be awarded for the loss of love, companionship, comfort, and moral support, among other intangible losses. As calculating damages in a wrongful death case can be especially complicated, the right attorney can make the difference.
Wrongful death lawsuits are among the most challenging types of claims—emotionally, legally, and logistically. You and your family should be able to focus on healing after the loss of a close loved one. An experienced Stockton wrongful death attorney can investigate your accident, explain your rights and options, and help you take action to secure justice and the maximum compensation.
Speak to a Wrongful Death Attorney in Stockton, California
At Redkey Gordon Law Corp, our Stockton wrongful death attorneys are compassionate advocates for victims and families. If you lost your loved one due to negligence, we are here to help you determine the best path forward. Give us a phone call or contact us directly online to set up your completely confidential, no obligation initial consultation. From our Stockton law office, we represent grieving families in wrongful death claims throughout the surrounding region.