Two Killed in Rollover Accident Near Merced County
Two people were killed in a fiery rollover accident in Merced County on the morning of December 5, 2019. The crash occurred around 3:00 a.m. at the intersection of Franklin Road and Santa Fe Drive. Officers from the California Highway Patrol (CHP) said four people were driving together on Santa Fe Drive when the driver, for unknown reasons, lost control of the car. This caused the vehicle to overturn several times and catch fire. Medical responders were called to the scene to transport a man to the hospital for treatment of minor injuries. A woman was also taken to the hospital and was reported to be in critical condition. Sadly, the other two parties inside the vehicle passed away at the scene. Officials have withheld their identities until their families have been notified.
Liability in a Merced County Rollover Accident
Not all single-vehicle accidents are the direct result of driver error. Defective vehicle parts and equipment may be to blame for catastrophic injury and death in some traffic collisions. For instance, the roof of a motor vehicle is required to meet Federal Motor Vehicle Safety Standard 216. This standard regulates roof crush resistance in a rollover accident. If a vehicle roof fails to provide adequate protection or collapses in the event of a rollover, the occupants may face a high risk of crush injuries or death. Since automakers are expected to follow FMVSS 216, they may be held financially liable for personal injury or wrongful death damages incurred. Keep in mind that the vehicle must be preserved until it has been examined for vehicle defects by an accident reconstructionist or safety expert. For more details, reach out to an experienced auto products liability lawyer in Merced.
What Damages Can Be Recovered in a Wrongful Death Case?
When a loved one is lost in a car accident due to the negligence or recklessness of someone else, the family of the decedent may be entitled to economic and noneconomic damages in a wrongful death claim. Generally, these types of cases are covered by the at-fault driver’s insurance company. In a single-vehicle accident, the family of a deceased passenger may seek compensation from the negligent driver’s insurer. In other cases, the family may have recourse through the decedent’s uninsured/underinsured motorist coverage to have their losses fully compensated. Some of the recoverable damages in these cases include:
- Costs of funeral and burial services
- Medical expenses incurred before the decedent’s death
- Mental anguish and emotional suffering caused by the wrongful death of a loved one
- Loss of affection, love, comfort, protection, society, and moral support
- Loss of benefits, inheritance, and financial support
- The value of household services that a loved one can no longer provide
The video below includes a brief overview of wrongful death cases.
How Long Do I Have to File a Wrongful Death Action?
According to the California Code of Civil Procedure Section 335.1, a wrongful death claim must be filed within two years from the date of a loved one’s death. Once the deadline has passed, the case may be dismissed by the court, and the family may lose their right to claim wrongful death damages. Such cases are complex and often require expertise from a wrongful death attorney. A lawyer can make the claims process easier for surviving family members by taking the burden off their shoulders to ensure they focus on healing and grieving instead of filing deadlines.
Who Can File a Wrongful Death Claim in California?
In California, the surviving spouse, domestic partner, or children of the deceased have first priority to file a wrongful death claim. This is by the California Code of Civil Procedure Section 377.60. If such parties do not exist, then the parents, putative spouse, stepchildren, or children of the putative spouse would be next in line. To determine your eligibility for a wrongful death case, reach out to an experienced wrongful death lawyer.
Wrongful Death Attorney in Merced
I’m Ed Smith, a Merced wrongful death lawyer. When a loved one is taken away from us unexpectedly in a car accident, it can be devastating both financially and emotionally. An experienced wrongful death attorney has the compassion, experience, and resources you and your family need to hold negligent parties accountable for your loss. If you have lost someone you love in a car accident caused by the fault of another, please call me at (209) 227-1931 or toll-free at (800) 404-5400. I am here to provide you and your family with free, friendly advice on how to move forward from your loss.
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