Highway 49 Collision on New Year’s Eve Leads to Murder Charge
On New Year’s Eve, a motorhome driver, age 80, who is a Grass Valley resident, was driving south along California 49 around 11:00 p.m. and crossed into the oncoming traffic, causing a head-on crash. Another vehicle was also struck in the head-on accident. The collision resulted in the death of a Grass Valley woman driving a Nissan, age 56, and caused minor injuries to the other driver, who was in a Dodge Charger. The elderly RV driver now faces murder charges after being arrested by authorities on New Year’s Day.
Further Details of the Head-on Crash
The accident, according to the California Highway Patrol (CHP), happened near Cerrito Road. One local resident said he heard the collision’s loud bang from inside his home, although his windows were all closed, and a video game was playing at the time. At first, he thought it was fireworks because it was New Year’s Eve.
Multiple investigative units, including but not limited to the district attorney’s office from Nevada County, the CHP Computer Crimes Unit, and the Grass Valley CHP were called in to investigate the accident.
After the investigation, the Highway Patrol said there was probable cause in the accident and booked the RV driver on a charge under Penal Code 187(a), which is murder with malice aforethought. This charge implies a wanton disregard for human life and stems from an act, which in all probability, will result in a fatality. It turned out this wasn’t the only time the RV driver had been involved in a head-on crash while driving a motorhome.
Previous Accident Was Similar
In June 2017, the Grass Valley resident was in a Ford Pace Arrow motorhome going south along Highway 49 when he crossed the centerline and struck another motorhome head-on that was being driven by Lawrence Kaye, a 64-year-old man from Anaheim.
Both Kaye and a 55-year-old woman in the RV were helicoptered to a hospital with major injuries following the head-on crash. The driver who crossed the middle line in the 2017 accident and who is currently charged with murder, suffered major injuries after being ejected from his RV and was taken to a hospital. The accident in 2017 was so violent that it took clean up crews about four hours to remove all the debris.
Egregious Acts and a Wrongful Death Lawsuit
When an egregious act is responsible for a loved one’s demise, the family can ask for punitive damages under some circumstances. This depends on the length of time between the accident and the deceased’s death. If the deceased lived for a short time after an accident, it is possible to file a survivor action lawsuit. A survivor action can be filed in conjunction with a wrongful death lawsuit. Such punitive damages are allowed in a survivor action but cannot be included in a wrongful death lawsuit.
Since murder is considered an egregious act, a family filing a survivor action may be able to ask for punitive damages. This means that the family who lost a loved one in an accident may be able to claim compensation for the wrongful death of their loved one and for punitive damages. Punitive damages are awarded in addition to those in a wrongful death lawsuit and are often much higher. This is because they are meant to punish the wrongdoer and deter others from this type of behavior.
Experienced Wrongful Death Attorneys
Over the years, our injury attorneys have successfully handled many cases of this type and might be able to help you too. Our investigators will examine the crash using accident-scene-acquired evidence and details provided by first responders and police investigation units to help our attorneys construct a strong case for the family.
The Death of a Loved One
Losing someone you love can be a real blow to the family, especially if it happened suddenly. If negligence or an intentional act was the cause, the family is not only grieving but wondering how to obtain justice for their lost loved one. In addition, they may face financial stress due to the high cost of funeral and burial expenses as well as the lost income their loved one provided. Filing a wrongful death lawsuit is one way to obtain justice and closure when a loved one dies as well as recover damages from the at-fault party.
Sacramento Wrongful Death Lawyer
My name is Ed Smith, and I am a Sacramento wrongful death lawyer. Losing a family member is always a heartbreaking experience. It can be worse when the accident that took their life never had to happen. If you would be interested in my compassionate, free, friendly advice, please give me a call at (916) 921-6400 or through our long-distance line at (800) 404-5400. You can also message me online if you prefer.
My law office has helped many Northern Californians obtain fair compensation for their accidents caused by another’s negligence in all types of traumas, wrongful deaths, and traffic collisions since 1982.
Please feel free to look over reviews and comments by our clients and cases that my law firm has handled at the links below:
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Photo Attribution: pixabay.com/photos/candle-light-candlelight-flame-2038736/; https://www.youtube.com/watch?v=B9-lg0clbRM
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