Truck Crash Fatality on MacArthur Drive
On the night of November 30, 2023, the California Highway Patrol reported a fatality in a truck versus pedestrian crash on I-205 close to the North MacArthur Drive offramp. The incident occurred at approximately 10:30 p.m., officials said.
Details on the Truck Crash Fatality on I-205 and MacArthur Drive
A preliminary report indicated that a driver pulled over to assist another motorist whose car was stopped along the right shoulder of Interstate 205. Two people exited the vehicle to assist and get the other car working. The vehicle was allegedly struck by a big rig.
The impact of the collision allegedly propelled the passenger vehicle into two individuals who were outside the car. One of the parties, a Stockton man, age 32, suffered fatal injuries, officials said. The incident is under investigation by the CHP and no additional details have yet been released.
What is Wrongful Death?
The aftermath of a loved one’s death in a truck accident may be devastating for the family left behind. When the deceased was the primary provider for the family household, surviving family members were often met with significant financial hardship. California law understands this immense loss and provides eligible survivors with the means to seek financial compensation and justice for a preventable loss of life. Wrongful death in the state is defined as a loss of life that occurs through the careless or negligent conduct of another party or entity.
Considerations When Filing Wrongful Death Cases
While coping with the loss of a close relative in an accident, the least of concerns for surviving family members should be navigating the financial and legal challenges that follow. Enlisting the services of a California wrongful death lawyer will improve the chances of a favorable case result and relieve survivors of the stress that is often associated with taking legal action. This will allow a grieving family to shift their focus to more important matters, such as the healing process and rebuilding their lives together. Several considerations to keep in mind when taking legal action against a negligent individual or entity include:
- The CCP 377.60 outlines filing eligibility and priority based on the relationship with the decedent for wrongful death cases. The spouse, children, and domestic partner who suffered losses because of the wrongful death are eligible to file a case. If these relatives do not exist, other family members may have a claim based on the facts and circumstances surrounding the matter.
- Strict deadlines must be met in cases of wrongful death. In California, a case must be filed no later than two years from the date of the fatal accident. Exceptions to the two-year statute of limitations may be applicable. For instance, if the case names a public entity a defendant, the time limit is six months instead of two years. For more details, refer to the California Government Code Section 911.2.
- Truck drivers and trucking companies must carry high liability insurance limits to meet federal requirements. Higher liability limits mean the potential for insurers to use defense tactics to dispute, devalue, or deny claims, especially in cases where wrongful death or catastrophic injury are involved. Furthermore, the trucking industry is subject to strict federal and state regulations.
Various factors may influence the timeframe for the resolution of a wrongful death case, making it challenging to provide an exact estimate. Such matters may take anywhere from several months to years to conclude. Key factors include backlogs of the court, the willingness of the involved parties to settle, the number of involved parties, and the complexity of the wrongful death case. As such, it is beneficial for surviving family members to go over the specifics of their potential case with an experienced attorney. At our law office, we offer free consultations.
Personal Injury Lawyer in Stockton
At AutoAccident.com, we are dedicated to seeking justice and committed to going the extra mile for our clients. We recognize the profound pain and devastation associated with losing a loved one in an accident. While no amount of money can bring back the departed, it may help survivors regain financial stability and focus their time on the healing process. Our legal team leaves no stone unturned when it comes to building a strong case for full compensation. Receive free, friendly case advice by speaking with one of our compassionate Stockton personal injury lawyers at (209) 227-1931 or (800) 404-5400.
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