Fatal Head-On Crash in Stanislaus County
Officials in Stanislaus County reported a fatal head-on crash on the morning of Monday, February 28, 2022. The traffic collision took place at South Carpenter Road and West Main Avenue between Turlock and Patterson around 5:40 a.m. and involved two vehicles.
Details on the Fatal Head-On Crash on Main Avenue in Stanislaus County
A preliminary report by the California Highway Patrol (CHP) revealed that a Honda was involved in a head-on collision with an SUV at the intersection. Upon the arrival of fire crews and first responders from American Medical Response (AMR), the SUV was on fire, and the occupants of the other involved vehicle were injured.
Sadly, both drivers suffered fatal injuries in the crash, according to CHP traffic officers. The Stanislaus County Coroner’s Office has recently identified the decedents as 45-year-old Oscar Armando Garcia of Patterson and 36-year-old Abraham Farias of Turlock. A GoFundMe page has been established on behalf of Mr. Abraham Farias and his family to help cover funeral service costs. Additional information on the incident was not immediately disclosed by officials due to ongoing investigation.
When is a Wrongful Death Action Appropriate?
When an individual loses their life through the negligence of another party or entity, the family of the deceased person may have the right to take legal action through a wrongful death claim. To bring a successful case forward, it must be proven that the at-fault party owed a duty of care, breached that duty of care, causation, and damages. The claimant must have a relationship with the decedent that meets the criterion set forth by the California Code of Civil Procedure Section 377.60 to recover economic and non-economic damages. Eligible family members may include a spouse, domestic partner, and child. If such parties are non-existent in a given case, other relatives may be eligible for filing.
The damages generally available in a wrongful death matter include those financial losses and intangible harms caused by the other side’s negligence. At its most basic, it may include end-of-life medical expenses (recoverable through a survival action), funeral service costs, and financial benefits and support that would have been provided to the family by the decedent if not for the wrongful death car accident. Conversely, survivors may also be compensated for the loss of companionship, care, and affection in addition to mental anguish, the value of household services provided by the deceased, and lost future financial support.
While no amount of money will ever be enough to compensate for the sudden loss of a close relative, it is only fair that the other side is held liable for the financial hardship they have caused your family. Taking legal action may help accomplish that in addition to providing your family with a sense of justice, knowing that the at-fault party has been held accountable for their negligent actions. The claims process is not always straightforward as insurance companies may be difficult to work with. That is because they are focused on protecting their profit margins. When faced with such a situation, you need an experienced Modesto car accident lawyer to protect your rights and interests. For information on how to find the best lawyer to handle your fatal car accident case, watch this video.
Is There a Time Limitation on a Wrongful Death Case in California?
California law is strict on the amount of time permitted to file a wrongful death case in civil court. It is generally two years from the date of the incident, as outlined in the California Code of Civil Procedure Section 335.1. For this reason, it is crucial to hire an attorney immediately following the sudden loss of a loved one in an accident. An experienced lawyer will get to work quickly by conducting an independent investigation, collecting all evidence relevant to the incident, and working with experts in the field to prove fault and resulting losses. Contact our attorneys at AutoAccident.com today to get started with a free case evaluation and learn how we can help your family through this difficult situation.
Wrongful Death Lawyer in Modesto
I’m Ed Smith, a Modesto wrongful death lawyer. No matter the age of the close relative you have lost in an unexpected accident, the pain and devastation are powerful. Holding the at-fault party accountable for their negligence through a wrongful death claim may help provide you and your family with the justice and fair compensation you all deserve. While no amount of money may account for human life, financial recovery may help provide you and your family the means for a more secure future. Learn about your rights as a surviving family member and options for recovery by scheduling a free consultation with one of our accident attorneys at (209) 227-1931 or (800) 404-5400. California wrongful death laws are challenging to navigate, but our legal team is here to simplify the process for you and your family. Get started now and receive compassionate, free, and friendly case advice today.
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