November 7, 2020
Pedestrian Killed In Central Fresno After Two Separate Hit And Run Crashes
The Fresno Bee reports that Fresno police are searching for two vehicles that each hit the same now deceased pedestrian in Central Fresno, in two separate crashes, in the pre-dawn hours of November 4, 2020.
Fresno Police Sgt. Jeff La Blue said the unidentified male pedestrian fell in the street, possibly as a result of a medical emergency.
Moments later, the victim was hit by a car (possibly a Honda CR-V). Good Samaritans were giving aid of the accident victim, when another car (possibly a Toyota) hit the already injured man, in a separate crash. Both drivers fled the accident scene, in violation of California Vehicle Code § 20001(a). This is the crime of felony hit and run when someone other than the driver is injured or killed. Its maximum sentence includes is four years in the state prison.
If a driver is charged with vehicular manslaughter, the penalty varies a lot. If the driver acted with ordinary negligence, it has a maximum of one year in jail. If gross negligence occurred, the penalty ramps up to six years in state prison.
California law encourages Good Samaritans to help others, without fear of being sued. Cal. Health and Safety Code § 1799.102(a) states in part: “No person who in good faith, and not for compensation, renders emergency medical or non-medical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.” this means that the bystanders who tried to help this accident victim who tragically succumbed to his injuries.
If a hit and run driver is found guilty in criminal court, they will be ordered to pay restitution. Restitution is money ordered by a criminal court, to compensate a crime victim for their economic losses. Here, economic means money. But, the criminal court does not have the power to order a criminal defendant to compensate a crime victim's family for non-economic losses, such as the loss of the love, companionship and advice of their deceased family member.
When a person is killed due to the negligence of someone else, family members are left to grieve the very painful loss of their loved one. They may also have unanticipated economic losses such as medical bills, funeral and burial costs, and other out of pocket costs. They may also suffer non-economic losses, by losing the love, companionship and advice of their loved one who passed way.
If you have recently suffered the loss of a loved one due to someone else's negligence, contact Gardner Law today at (408) 214-5555. Gardner Law's Attorney Renée Yvonne Gardner has experience in fighting for the loved ones left behind after a tragic and unanticipated wrongful death. Gardner Law represents California wrongful death cases in the Bay Area and beyond. Attorney Gardner will also represent crime victims in the criminal court process, to seek restitution, which is reimbursement for their out of pocket expenses, and to work toward having the victim's voice heard. It's important to act quickly, to work to preserve evidence, and protect your rights in this important case.
Disclaimer: This post was created solely using secondary sources. Therefore, its information has not been verified. If any information appears to be inaccurate, please contact Gardner Law, Renee Gardner Attorney, immediately by phone, or through our online Contact form. Necessary corrections will be made.
Disclaimer: This post is not legal advice. Attorney Renee Gardner provides this post for general purposes, and to try and help the public, should they suddenly find themselves a victim of a wrongful death. Victims whose loved ones have been killed as a result of the negligence of another should immediately seek legal assistance to protect their rights.
