Leanda Lopez Killed Modesto Bicyclist – Elements of Wrongful Death
On November 25, 2022, a fatal crash occurred involving a bicycle on Highway 120 east of Oakdale near Knights Ferry. Let’s explore the details of the news with Ehline Law and our personal injury attorneys.
Fatal Crash on Highway 120 near Knights Ferry into Tuolumne County
According to the California Highway Patrol, the crash occurred on the eastbound lanes of Highway 120 near Tulloch Dam Road in Santislaus County.
The Collision Happened on Highway 120 after Bicyclist Swerved in the Car’s Path
The police report states that the 67-year-old bicyclist was traveling eastbound on the 120 highway, west of Tulloch Dam Road, with an approaching vehicle behind them in the slow lane.
At an unspecified time, the cyclist turned left to transition to lane two, causing the driver to swerve right, but the cyclist also swerved right, leading to a fatal crash.
The 22-year-old driver, Leanda Lopez, killed the Modesto bicyclist at the scene. The Friday morning crash knocked the rider to the ground, causing fatal injuries.
According to the California Highway Patrol, first responders tried life-saving measures, but the cyclist did not make it.
Can the Family of the Modesto Bicyclist Pursue Compensation for the Crash near Knights Ferry?
Currently, there is not much information about the incident near the south of Lake Tulloch.
The driver’s story suggests that the bicyclist swerved into their lane, causing the accident. However, the bicyclist’s side of the story is not available because they died at the scene.
Once the law enforcement authorities conduct their investigations, it may be clear who the at-fault party is in the fatal collision.
Suppose the investigations reveal that the driver was at-fault for the accident. In that case, the surviving family members can recover compensation for their loss by bringing a civil action against the driver.
It is important to note that even if the driver of the vehicle is not entirely at fault, the grieving family may still be able to recover compensation, as California follows the pure comparative negligence rule.
However, under the rule, the damages will reduce according to the bicyclist’s degree of fault.
Elements of Wrongful Death Claim
To bring a successful wrongful death action, the surviving family members must prove the following elements:
- Breach of duty
An experienced attorney can help investigate the accident and gather evidence to prove the elements of a wrongful death claim.
Recoverable Damages in a Wrongful Death Lawsuit
In the incident “Leanda Lopez killed Modesto bicyclist,” the surviving family may be able to pursue wrongful death damages after investigations, including funeral and burial expenses, lost income, loss of companionship, and pain and suffering, among others.
Schedule a Free Consultation with Ehline Law
If you lost a loved one in an accident due to another’s fault, contact us at (833) LETS-SUE for a free consultation with our experienced wrongful death attorneys.