One Killed in Fresno County Rollover Accident
One person was killed, and four others were injured in a Fresno County rollover accident on the afternoon of July 5, 2019. The incident occurred shortly after 1:45 p.m. along Highway 145 just south of Floral Avenue near Kerman. A preliminary report by the California Highway Patrol (CHP) suggested that the crash involved a 2006 Dodge Durango SUV and a tractor-trailer. The impact of the truck accident propelled the Dodge off the road, causing the SUV to overturn several times. Four of the five parties riding in the Dodge suffered moderate to major injuries. They were transported to the Community Regional Medical Center for treatment. Sadly, the fifth occupant of the Dodge succumbed to their injuries at the scene. Officials have not yet named the decedent due to pending notification of their family members. We would like to take this time to extend our sincere thoughts and condolences to the friends and family of the deceased in their time of loss.
Roof Crush Resistance in a Fresno County Rollover Accident
Roof strength is critical for protecting occupants inside a vehicle from harm’s way in a rollover accident. This is why automakers are required to follow Federal Motor Vehicle Safety Standard No. 216 regarding roof crush resistance. This standard is enforced to reduce injuries and deaths resulting from the crushing of the roof into the occupant compartment in rollovers. When an automaker manufactures vehicles that fail to meet this standard, they may be held financially responsible for any crushed roof injuries or deaths.
What is a Wrongful Death Settlement?
A wrongful death settlement is intended to offset the financial and emotional losses associated with a loved one’s death. The surviving family members of the decedent may seek compensation for the following:
- Any death-related expenses such as the costs of a funeral and burial and end-of-life medical care
- Benefits provided through the decedent’s employer such as health insurance and pension plans
- Emotional suffering
- Household services the decedent would have contributed to the family
- Loss of the decedent’s advice, protection, guidance, love, comfort, and affection
- Lost inheritance and future financial support
- Mental anguish
- Punitive damages are recoverable only if the death occurred due to an egregious action such as driving under the influence
For more details on wrongful death cases, watch the below video.
Is There a Statute of Limitations on Wrongful Death?
In California, the family of the deceased only have two years from the time of loss to file for wrongful death. This deadline is known as the statute of limitations. If a road defect or government vehicle was involved in the accident, a claim must be filed against the appropriate government entity within six months or 180 days from the date of death. If the statute is missed for a wrongful death claim, the case may be dismissed by the court and surviving family members may lose the right to recover compensation.
How Can a Lawyer Help Our Family?
It is essential when a person is injured or killed in a rollover accident involving insufficient roof crush resistance or a commercial vehicle to contact a Fresno personal injury lawyer promptly. An experienced injury attorney knows how to conduct an independent investigation and hold any parties financially responsible for damages incurred. Having legal representation early on in your case is critical to avoid the chances of an automaker, trucking company, or their insurance carriers from attempting to reduce their liability for the harm they may have caused. It is important to preserve the rollover vehicle so that it may be inspected by your attorney’s investigator.
Fresno Wrongful Death Attorney
I’m Ed Smith, a Fresno wrongful death attorney. An unexpected loss of someone you love is overwhelmingly painful. If the death was caused by the negligence of another, the grief could be compounded by frustration and anger. Should you want to file a wrongful death claim, an experienced lawyer can help. If you have lost a loved one in a rollover accident due to the fault of someone else, please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my compassionate, free and friendly case advice.
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To find out more information about our law office and cases we have handled, go to our Verdicts and Settlements page.
Photograph Attribution: By “Daniel Reche” via Pexels
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