Kansas Woman Killed in Manteca Accident
A Kansas woman was killed in a Manteca truck accident on the afternoon of June 27, 2019. The crash occurred around 1:00 p.m. along Highway 120, just east of the overpass for Main Street. Preliminary reports suggested that a total of five vehicles were involved in the collision. However, the two cars that sustained the most damage was a box truck for Atlas Van Lines and a Hyundai Elantra. The Hyundai was traveling in the right lane and slowed for stopped traffic when it was rear-ended by the box truck. The impact of the collision propelled the Hyundai into the rear of a stopped tractor-trailer. Sadly, a woman riding in the Hyundai was pronounced deceased at the scene. She has been identified by the San Joaquin County Coroner’s Office as 21-year-old Mikayla Gregg of Salina, Kansas. I would like to extend my thoughts and condolences to the family of Ms. Gregg in their time of loss.
Why Do Manteca Truck Accidents Happen?
A truck accident often results in serious injuries or death to those involved. When the crash was caused by the negligence of a trucker or truck company, the injured person or family of the decedent may be able to seek compensation to cover their damages. Some of the common reasons for these collisions include:
- Brake Failure: Trucking companies and truckers are responsible for ensuring the big rig is in working order, including the brake system. However, the brake system can fail if it is not maintained, installed, or repaired appropriately. Other times, the system may fail if it is defective or the truck driver did not apply the brakes correctly.
- Driver Fatigue: Experiencing fatigue or falling asleep at the wheel can often lead to a catastrophic truck accident. Unrealistic expectations and schedules that trucking companies expect truck drivers to follow are often the causes of driver fatigue.
- Insufficient Training: Having sufficient training and learning defensive driving is essential when behind the wheel of a large truck. Truck accidents commonly occur when a driver takes an incline too fast or applies the wrong brakes. Either situation can cause a rollover or jackknife accident.
- Swinging Wide: Large trucks often have to swing wide to make a turn or travel around a corner. However, truckers have to look for vehicles in the adjacent lane first. When a truck driver fails to do so, this can cause a multi-vehicle accident.
What is Wrongful Death?
Wrongful death is a legal term that refers to a person who has lost his or her life due to the negligence of another. A wrongful death case may be the result of a car accident, truck collision, or other traumatic events.
Who Can File a California Wrongful Death Claim?
Only specific people are allowed to pursue a wrongful death lawsuit in California. Those who qualify must satisfy California’s requirements to be able to pursue wrongful death compensation. Under California Code of Civil Procedure Section 377.60, a wrongful death claim may be brought by the spouse, domestic partner, or children of the deceased. If these parties do not exist, then the decedent’s stepchildren, parents, putative spouse, and children of the putative spouse may be eligible to collect damages.
Recoverable Damages in a Wrongful Death Claim
A wrongful death claim is intended to compensate the decedent’s family for their emotional and financial losses. These include:
- Benefits lost such as pension and medical insurance
- Funeral expenses and other costs related to the loss of a loved one
- Loss of moral support, affection, comfort, companionship, and love
- Loss of support and guidance the decedent would have provided as a parent to his or her children
- Lost future financial support
- Mental anguish and emotional suffering
- Punitive damages are recoverable only if the decedent was killed as a result of an egregious act such as drunk driving
- Value of household services and gifts the deceased would have been expected to provide over the remainder of his or her life
Why Do I Need a Wrongful Death Lawyer in Manteca?
When a loved one is killed in a wrongful death car accident, it is essential to reach out to a Manteca wrongful death attorney promptly. A wrongful death lawyer has the experience to conduct an independent investigation to hold negligent parties accountable. Legal representation prevents the driver and their insurance company from shifting fault for the death and other ways in eluding responsibility for damages they have caused.
Manteca Wrongful Death Attorney
I’m Ed Smith, a Manteca wrongful death attorney. The loss of someone you love can leave a void that can never be filled. However, a person may still be held responsible when his or her actions led to another person’s death. If you have lost a loved one in a car accident caused by the negligence of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 for free, friendly case advice.
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