Man Killed After Highway 4 Truck Accident
A man was killed after a recent truck accident on Highway 4 at Sinclair Avenue in Stockton, CA. The deadly crash occurred around 6:15 p.m. and involved a sedan and a tractor-trailer, according to the California Highway Patrol (CHP). Crews issued an immediate roadway closure to separate the big rig and the car. The driver of the vehicle, a 29-year-old man, was pronounced deceased at the crash site by first responders. Officials are withholding his name until his next of kin has been notified.
Loss of a Family Member After a Truck Accident on Highway 4
Families who have lost a loved one in a fatal truck accident are often overwhelmed by grief. When a loved one’s death occurred as a result of someone else’s negligence, California law does not take the loss lightly. This is why the law provides families with the right to hold negligent parties accountable for their misconduct and their loss through a wrongful death claim.
Compensation for the Wrongful Death of a Loved One
No amount of money can ever compensate a family for the loss of a loved one or undo the pain that has been caused. However, the law has provisions to make things right for surviving family members. Under the California Code of Civil Procedure Section 335.1, a family has two years from the date of their loved one’s wrongful death to bring a case for economic and noneconomic damages. These include:
- Bills related to a loved one’s funeral and burial services
- Costs of medical treatment for the decedent’s injuries before they passed away (recoverable through a survival action)
- Loss of a loved one’s moral support, protection, care, and companionship
- Lost future income, benefits, and household services for the family
- Mental anguish and emotional distress for survivors
Are Punitive Damages Recoverable in a Highway 4 Truck Accident Case?
Punitive damages may be available in some wrongful death cases under specific circumstances. This type of damage differs from economic and noneconomic damages as they are generally not recovered from insurance companies directly. Instead, they are sought from negligent truckers and their employers as a way of punishing them for their wrongful actions and to deter them from engaging in similar behavior in the future. This includes negligence through the form of driving under the influence, excessive speeding, and other egregious acts.
Who Can File a Wrongful Death Suit in California?
A wrongful death claim is different than a personal injury case because a loved one is no longer alive to provide their own account of the accident and stand up for themselves. Instead, families must file for wrongful death on their loved one’s behalf to honor their legacy, despite someone else’s negligence unnecessarily cutting their life too short. Under the California Code of Civil Procedure Section 377.60, only spouses, domestic partners, or children who have survived the decedent are eligible to bring a wrongful death action. If there is no surviving child, domestic partner, or spouse, then others may be eligible to seek wrongful death benefits under the law. For more details, watch the video below.
How Can an Attorney Help Our Family?
The claims process for a wrongful death truck accident is often challenging. Insurance companies representing truckers and their employers are not much help since they are focused on protecting their bottom line. Insurance claims adjusters may use defense tactics to reduce the value of a wrongful death claim, not taking into account the true value of a loved one’s life for surviving family members. This is why a family needs an experienced Stockton wrongful death lawyer to protect their best interests. An attorney with years of experience knows how insurance carriers handle claims and how to overcome their tactics to obtain the fair financial recovery a family needs and deserves.
Wrongful Death Lawyer in Stockton
I’m Ed Smith, a Stockton wrongful death lawyer. When a family member is killed due to the negligence of a truck driver or trucking company, let an experienced wrongful death attorney obtain the justice and fair compensation you and your family deserve. To learn more about how a lawyer can help you through this challenging time and the wrongful death claims process, give me a call at (209) 227-1931 or toll-free at (800) 404-5400. I understand how devastating it is to lose someone you love, and I am here to provide you with compassionate, free, and friendly advice.
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Visit our Verdicts and Settlements page to see a list of the past case results we have obtained for others affected by personal injury and wrongful death.
Photo Source: By “StockSnap” via Pixabay
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