Amador County Accident Fatality
An Amador County accident fatality occurred on the morning of April 1st along Ridge Road, just west of Surrey Junction Lane. A 44-year-old West Point man was driving a 2005 Dodge 3500 pickup truck west along Ridge Road. He approached a section of the roadway that curves to the right for westbound traffic. At the same time, a Sutter Creek man was driving east along Ridge Road in a 2018 Kia Sportage, approaching that same curve. The Dodge reportedly veered over the double solid yellow lines and entered the oncoming traffic lane, colliding with the Kia head-on. The impact of the collision propelled the Kia off the roadway and came to a stop south of the accident scene while the Dodge became disabled in the road and blocked both traffic lanes. Officials said the Dodge driver was uninjured in the car wreck. Sadly, the man driving the Kia succumbed to his injuries at the scene. He has been identified by authorities as 30-year-old Mitchell Hernandez of Sutter Creek. I would like to send my healing thoughts and prayers to the friends and family of Mr. Hernandez in their time of loss.
Wrongful Death in an Auto Accident
A wrongful death claim revolves around a breach of a duty of care or an act of negligence. This can include an action taken without regard for the safety of others on the road such as speeding, driving under the influence, and distracted driving. Whenever the negligence of a motorist leads to the death of another, that driver can be held financially liable for subsequent losses resulting from the car accident.
Common Damages in an Amador County Accident Fatality
When a loved one is lost in a car crash caused by unsafe driving, the family of the deceased may be able to file a claim against the responsible driver for damages incurred. These include:
- Expenses for a loved one’s funeral and burial
- Financial support the deceased would have contributed to the family had the wrongful death car accident not occurred
- Loss of consortium
- Lost benefits or gifts of the deceased party, including pension, health insurance, etc.
- Reasonable and necessary value of household services provided by the decedent
- Survivor’s mental anguish and pain and suffering
Who Can File a California Wrongful Death Claim?
Under California law, a wrongful death claim may be filed by the child, domestic partner, or spouse of the deceased person. If no such kin exists, the putative spouse and/or their children and other dependents such as stepchildren or parents of the decedent may be eligible to file for wrongful death. Those dependents must be able to prove that they relied on the deceased for at least half of their financial support. For more details on wrongful death cases, watch the following video.
Statute of Limitations for Wrongful Death
In California, claimants must file a wrongful death claim within two years from the time of a loved one’s death to meet the statute of limitations. When a case involves government negligence due to a road defect or negligent government motorist, the time limit is shortened to 180 days or 6 months. If the statute is not met, the chances of recovery will be dismissed by the court.
How an Ione Wrongful Death Lawyer Can Help
Claims for wrongful death are often complex and deserve attention from lawyers who have experience in handling them. The wrongful death attorney you select to handle the case can make the difference in the outcome and future for you and your family. While no amount of compensation can replace a lost loved one, a claim for wrongful death can help a grieving family manage their financial concerns after the unexpected death of someone they love.
Ione Auto Accident Attorney
I’m Ed Smith, an Ione auto accident attorney. While car accident cases often involve much physical pain and recovering, the loss suffered in an Amador County accident fatality is unbearable and devastating. If you have been injured or lost a loved one in an accident to the careless actions or negligence of someone else, please call me to receive my compassionate, free and friendly advice at (209) 227-1931 or toll-free at (800) 404-5400.
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Image Credit: By “StockSnap” via Pixabay / Amador County Accident Fatality
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