One Killed in San Joaquin County Car Accident
Traffic was blocked off along Highway 4 west of Stockton due to a fatal car accident on August 9, 2018. Preliminary reports by the California Highway Patrol (CHP) suggested that the collision occurred shortly after 8:30 in the morning near Victoria Island. The motorist of a 1998 Lexus sedan reportedly pulled out from the shoulder of the roadway and lost control. The Lexus then sideswiped another vehicle, continued to veer out of control, and struck another car. The impact of the collision caused the Lexus to crash into an irrigation canal in the area. Unfortunately, the Lexus driver succumbed to his injuries at the scene. Authorities have not yet released his identity due to pending notification of next-of-kin.
I would like to send my sincere sympathies to the friends and family of the man who passed away in this tragic crash.
Accident Details
So far, little is known about the auto accident due to an ongoing CHP investigation. Officials have not yet stated what factors are suspected to have contributed to the crash. Collisions such as this one are often caused by factors such as an unknown medical emergency, distracted driving, speeding, reckless driving, and defective car part or vehicle.
What is a Wrongful Death?
In California, wrongful death is defined as the loss of life caused by the reckless, negligent or willful act of another. Some of the most common causes of wrongful death include motor vehicle accidents, workplace-related accidents, products liability and failure to diagnose a fatal disease.
Criteria for Wrongful Death Claims
The following criteria must be met for a wrongful death claim to be considered:
- Someone must provide proof of his or her relationship to the decedent. Parties who are eligible for filing wrongful death under California Code of Civil Procedure section 377.60 include children, dependents, spouses, or legal beneficiaries. These people may be able to provide proof by submitting documents such as wills, insurance policies, birth certificates, or other relevant records.
- Substantial evidence must be provided showing that the death of the victim has resulted in financial burdens for the family. Some of the ways in proving monetary losses from a loved one’s death include proof of the deceased’s prior wages and the amount he or she would have earned for the remainder of his or her working years.
- Negligence must be shown in order to recover damages. When an auto accident claims the life of a family member, a person filing for wrongful death must have the ability to provide proof that another motorist, person or entity was at fault for the crash. If the accident was caused by a road defect such as poor roadway design, potholes, or unmarked construction zones, a claim must be brought against the government entity responsible for maintaining these roads. You must make your claim against a public entity within 180 days or six months from the date of the accident. If your claim is not against a public entity you have two years from the date of the accident. Contact an attorney for more information.
Watch YouTube Video: What is a Wrongful Death Claim? The following video discusses what a wrongful death claim is and explains the damages that may be recovered by family members of the deceased.
Recoverable Damages
Under California law, those who have lost someone they love are entitled to recover for many types of damages in a wrongful death lawsuit. These may include financial losses such as costs of a funeral and burial and lost future financial support. Other damages include loss of consortium, affection, companionship, comfort, and much more. For more information, contact an experienced attorney.
Stockton Car Accident Lawyer
I’m Ed Smith, a Stockton car accident lawyer. The loss of a loved one can leave surviving family members with significant financial and emotional damages. When this happens, a family may recover compensation for their financial losses and emotional trauma caused by the death of their loved one. If this has happened in your family, please feel free to call me anytime at (209) 227-1931 or toll-free at (800) 404-5400 for compassionate, free and friendly legal advice.
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You are welcome to visit my Verdicts and Settlements page to see how I resolved cases in the past.
Image Source: By “StockSnap” via Pixabay under CC0 Creative Commons
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