One Killed in Merced County Truck Accident
One person was killed in a truck accident near Gustine, CA, in Merced County on January 8, 2020. The crash occurred around 12:30 a.m. on Interstate 5, just south of Highway 140, according to the California Highway Patrol (CHP). A 2014 Volvo tractor-trailer was traveling on I-5 when, for unknown reasons, it veered into the oncoming traffic lane. The Volvo reportedly sideswiped a 2013 Peterbilt big rig hauling a tanker filled with gas, causing the tanker to overturn along the shoulder of Interstate 5 and spill an unknown amount of gasoline. The Volvo continued and crashed head-on with a 2004 Lexus ES330. The driver of the Lexus and one of the two passengers reported minor injuries. Sadly, the second passenger of the Lexus passed away at the scene. Officials have identified him as Jamee Chargualaf, 24, of Lemoore.
Who is at Fault in a Merced County Truck Accident?
Truckers, like drivers, are expected to operate their vehicles safely. Truck drivers and trucking companies must abide by a wide array of state and federal laws. The same applies to manufacturers of commercial trucks, parts, and equipment. If the trucker, truck company, or manufacturer fails to comply with these laws and loss of life occurs, such parties and entities may be held financially responsible through a wrongful death claim.
Does Auto Insurance Cover Wrongful Death?
Under the California Code of Civil Procedure Section 377.60, a surviving spouse, domestic partner, or child may file a claim for wrongful death damages on behalf of the deceased. This means that intangible and financial losses related to the loss of a family member may be recovered through a wrongful death action. These include:
- Costs of a close relative’s funeral and burial services
- Emotional suffering and mental anguish experienced by surviving family members
- Expenses for end-of-life medical care received by the decedent (this damage may be claimed in a survival action)
- Loss of the decedent’s affection, companionship, love, and services
- Loss of future earnings and benefits, including health insurance and pension that would have been provided to the family by the deceased, if not for the fatal truck accident
- Lost parental guidance and training for surviving children
To learn more about the wrongful death claims process, watch the video below.
Can Punitive Damages Be Awarded for Negligence in a Truck Accident?
Punitive damages, or exemplary damages, may be claimed in a wrongful death case under specific circumstances. They are not intended to compensate the family of the decedent for any losses they may have suffered. Instead, they are designed to punish the negligent party or entity and to deter similar behavior from them and others in the future. Keep in mind that punitive damages will be paid by the wrongdoer, not their insurance company, as a way of holding them financially accountable for their egregious misconduct. In a wrongful death truck accident, punitive damages may be awarded for extreme reckless acts such as driving under the influence or excessive speeding.
Why Do You Need a Merced Wrongful Death Attorney?
Sadly, when a family is grieving and adjusting to their new life without their loved one by their side, the insurance company for the trucker and trucking company will be focused on their best interests. This includes hiring private investigators and defense attorneys as a way of minimizing their potential exposure to damages in a wrongful death claim. This is why it is essential to hire an experienced wrongful death attorney from Merced. An attorney knows how to overcome defense tactics used by insurance companies to prevent them from disputing the value of a wrongful death case or denying it altogether.
Wrongful Death Lawyer in Merced
I’m Ed Smith, a Merced wrongful death lawyer. When a fatal truck accident causes you and your family to live without a loved one, it is essential to consult with an experienced wrongful death lawyer from Merced as soon as possible. An attorney can help guide you and your family through this challenging time and handle the legal complexities of your wrongful death claim. This way, you and your family can focus on healing and grieving without having to deal with unsympathetic truckers, trucking companies, and their insurance carriers. If you have lost someone you love in a truck accident caused by the recklessness or negligence of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
Browse our client ratings and reviews on the following sites:
I am a member of the National Association of Distinguished Counsel and the Million Dollar Advocates.
We have helped families of Northern California, including Merced, obtain fair compensation for their personal injury and wrongful death cases since 1982. To learn more about our past cases and their results, go to our Verdicts and Settlements page.
Image Credit: By “StockSnap” via Pixabay
:ds llo [cs 828]