I’m Ed Smith, a Natomas wrongful death lawyer. An accident on Truxel Road claimed the life of a man on August 30. The details are sketchy at this time, however, the Sacramento man killed in Natomas was identified as Eriberto Ceja.
I would like to offer my heartfelt condolences to Mr. Ceja’s family as they face this difficult period in their lives.
What Happened
The accident occurred slightly before 2 a.m. when, according to witnesses, the sedan the man was driving in a southerly direction struck an object at the southern intersect between Garden Highway and Truxel Road. Reports say the man’s vehicle traveled down an embankment, partially ejecting him. A female occupant of the vehicle was taken to a hospital. Authorities said she suffered major injuries.
Details
Fire and police personnel from Sacramento County arrived on the scene some 10 minutes after the accident happened. A tow truck and the Sacramento coroner also were on hand. The man was declared dead in his vehicle at the scene of the the accident. According to police representatives, the accident is being investigated to see if speed was also involved.
Lane Closure
Although this is a popular thoroughfare into the city, Garden Highway and the 5 north and south on ramps were expected to be closed. The closure extends up through Azavedo Drive and Truxel Roads.
Accident Cause
In this case, it is uncertain what caused the accident pending the conclusion of the investigation. Another vehicle may have crossed the intersection unlawfully, causing the accident. In another scenario, the sedan’s brakes may have failed, preventing the vehicle from stopping. In either example, the man’s death would be the result of negligence. In Sacramento in 2014, there were 3,670 injuries and fatalities, according to the California Office of Traffic Safety. Speed was a factor in 945 of the crashes, and 1,123 arrests were made for DUI.
Wrongful Death
A wrongful death case exists when a person dies due to the negligence of another person or a manufacturer defect. It can also be filed against a person who intentionally causes the death of another. Usually, a representative of the family files the lawsuit in court.
Proof in a Wrongful Death Claim
Proving negligence in a wrongful death claim follows the same elements of proof that would exist if the decedent had lived. This means that the person’s estate must show that:
- The defendant owed a duty of care to the decedent
- The defendant breached his or her duty
- By doing so, the defendant caused the accident and subsequently the person’s demise
- The person’s death caused the financial damages sought in the wrongful death lawsuit
Proving the Elements of Negligence
At the outset, the decedent’s family must prove that the defendant owed a duty to the decedent. If the cause of death is an auto accident, that duty is the care any driver must take to drive in a safe way, extending safety to others on the road. Once duty is established, the lawsuit must show that the defendant did not uphold their duty. Using the same car accident situation, if the defendant improperly entered the intersection, by doing so, the duty was breached.
The plaintiff must now show that the defendant’s action caused the accident. If that is not established, the line of proof is broken. Proving damages in a wrongful death case is somewhat different than that of other personal injury cases. However, the bottom line is that the person’s death caused loss to the family members.
Watch this Video ~ What is a Wrongful Death Claim by Natomas Wrongful Death Lawyer, Ed Smith:
Damages in a Wrongful Death Lawsuit
The types of damages that can be sought in a wrongful death lawsuit are:
- Any expense for medical care immediately prior to death
- Funeral expenses
- Burial cost
- Loss by the family of the decedent’s income
- Loss of any services the decedent would have provided to the family
- The loss of the guidance and affection the decedent provided to the family
- Loss of inheritance
- Loss of consortium
If the decedent suffered prior to his or her death with the explicit knowledge that death was inevitable, this personal injury can be recovered after the person’s death. It is called a survivor’s action and is named that way since the personal injury survives the person’s death.
Natomas Wrongful Death Lawyer
I’m Ed Smith, a Natomas wrongful death lawyer. The loss of loved one is a daunting experience that is compounded if the loss was due to negligence. If you and your family have suffered this loss, call me at (916) 921-6400, or if you are outside the city, on my toll-free line (800) 404-5400. I am here to offer you my friendly and free advice.
Prior clients have taken time to provide their reviews of my practice on Google, Yelp and on Avvo. On my Verdicts and Settlements page, you will be able to see how I resolved previous clients’ cases.
I’ve served the residents of this state and those who live in Natomas since 1982 as an injury lawyer. I’ve helped my clients receive just compensation for their wrongful death and traumatic brain injury claims.
I belong to a forum called the Million Dollar Advocates. This group is made up of trial lawyers who have won at least $1 million in case settlements or trial verdicts. I am a California member.
As owner and founder of autoaccident.com, I am proud to welcome you to my website. You’ll find many informative articles about personal injury law.
Photo Attribution: Wikimedia Commons multi-car-at-night.jpg
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