Fresno, CA – According to KSEE, a pedestrian killed by a car collision on the evening of January 28, 2024, has been identified as Fresno woman Thuong Duong, aged 51.
Thuon Duong, a homeless woman, was crossing Fresno Street when she was struck by a southbound vehicle, resulting in her death.
While investigators have indicated that speed was not a factor in the collision, the driver was under the influence of marijuana at the time. He was charged with DUI.
Determining Fault in a Personal Injury or Wrongful Death Claim
Some news reports have stated that the driver was not at fault for the collision. This is likely based on a police report. It is important to note that an accident report simply contains a police officer’s opinion.
However, there are a wide variety of factors courts will take into consideration when determining fault. Additionally, California is a Pure Comparative Negligence State, meaning that the injured party can still file a claim even if they did indeed contribute to the accident.
Pedestrian Fatalities and Wrongful Death Claims
Motorists are required to exercise an additional “duty of care” towards pedestrians due to their heightened vulnerability in car accidents, which more often result in pedestrian fatalities.
In cases where a driver is found responsible for a pedestrian fatality, the victim’s family may have grounds to initiate a wrongful death claim through the driver’s insurance provider. Compensation from a wrongful death claim can help cover medical costs, burial expenses, and the financial support lost by dependents of the deceased.
Insurance companies aim to minimize payouts for claims they cannot outright deny. That is why the services of a proficient personal injury attorney can prove crucial for grieving families through the complexities of seeking justice for their loved ones.
