Tuesday, January 3, 2017

Wrongful Death Lawsuit Alleges Driver was on the Phone When She Struck and Killed Triathlete

According to a recently filed wrongful death lawsuit, a motorist was on the phone with her employer when she struck and killed a bicyclist in July. The lawsuit seeks an unspecified amount in damages to cover lost financial support and funeral expenses as well as noneconomic damages. The driver and her employer, Dignity Health are named as defendants.

The deceased, a world-class triathlete, was riding in the bike lane on Highway 227 when the driver of a Chrysler 200 drifted off the right shoulder of the road and struck her from. The woman was thrown from the bike and landed in a ditch. She sustained fatal injuries and was pronounced dead at the hospital.

Initially, investigators said they did not believe the negligent driver was texting or on the phone at the time of the crash. However, phone records show the negligent driver was communicating with her employer, at the time of the crash, according to the lawsuit. It also alleges she did not call 911 following the collision. The Assistant District Attorney has also confirmed that cell records showed the driver was using the phone at the approximate time of the crash. She was, later charged with a single misdemeanor count of vehicular manslaughter, to which she has pleaded not guilty. The criminal case is ongoing.

Losing a loved one is an extremely difficult time for any family member. The husband of the deceased said he would rather have his wife back, but hopes that what happened to her will serve as a lesson that distracted driving is not okay.

The fact that a guilty driver has been charged does little to pay the bills for the family of the deceased. The litigation process will take time, possibly years. In the meantime, the plaintiff still has to pay the bills. If the family is struggling financially, they may look to lawsuit funding.

Lawsuit funding is a cash advance offered to litigants in exchange for a portion of the future proceeds of their case. A lawsuit cash advance is a smart move for most plaintiffs because it lets them wait out the long, legal process for settlement or verdict justice, without having to settle too soon for too little because the insurance company has all the time, leverage and money, and use these tools to its advantage. There is no cost to apply, no credit checks or employment verification, no monthly payments to make, no upfront fees of any kind, and no restrictions on how the money is used. Best of all, it is only repaid once the claim is settled. Because repayment is contingent upon a successful recovery, if the lawsuit is lost, there is no obligation on the part of the plaintiff to repay the cash advance.

The application process takes less than five minutes online or by phone. If the case is approved for funding, Lawsuit Financial can direct deposit or overnight mail the money within 24 – 48 hours.

If you have lost a loved one due to someone’s negligence, you may have the right to a wrongful death claim against the responsible party. An experienced attorney can help you fight to obtain the justice and compensation that you deserve. Once the lawsuit is filed, if you need financial help during the pending claim, turn to an experienced, caring legal finance company. Turn to Lawsuit Financial. We can help ease your financial burden while you wait for your lawsuit to settle.

No comments:

Post a Comment