Modesto Man Killed in Broadside Collision
A Modesto man was killed in a broadside collision on the morning of June 17, 2019. The auto accident occurred shortly before 4:20 a.m. at the intersection of Hosmer Avenue and Ninth Street. A man was driving his Dodge west along Hosmer Avenue when he was broadsided by a northbound Toyota. Medical personnel responding to the crash performed life-saving measures on the Dodge driver. He was transported to the hospital for immediate treatment. Sadly, he was pronounced dead during hospitalization. Officials have identified the decedent as 67-year-old Joseph Ventura of Modesto. I would like to express my sincere sympathies to the family of Mr. Ventura during this difficult time.
Common Reasons for Broadside Collisions
A broadside collision occurs when one vehicle is struck from the side by another car. This type of crash can occur due to unsafe lane changes, running stop signs or traffic signals, speeding, and more. There are many injuries that a person may suffer when they are involved in a broadside collision. These include organ damage, traumatic brain injury, cervical sprain, facial scarring, or even death in some extreme cases.
What Would Be Considered a Wrongful Death?
Wrongful death is a legal term used to describe a loss of life that has been caused by the negligence of another person or entity. It is usually seen in cases such as car accidents, motorcycle crashes, truck collisions, and more. A claim for wrongful death may be filed by the surviving family if the death could have been prevented had specific steps been followed.
Who Can File a Wrongful Death Claim in California?
A wrongful death claim allows surviving family members to seek compensation from the at-fault party for damages suffered due to a loved one’s death. Those who are generally entitled to bring a claim include a surviving domestic partner, spouse, or children. If these family members do not exist, other next of kin may be eligible to pursue a case. These include parents, stepchildren, putative spouse, and children of the putative spouse. This is permissible so long as these parties can prove that they were financially dependent on the decedent for at least 50 percent. For more details on who may recover in a wrongful death lawsuit, watch the below video.
What is a Wrongful Death Settlement?
A settlement from a wrongful death case is generally intended to offset some type of financial loss. Intangible harms may also be considered when it comes to establishing the value of the decedent’s life. Some of the economic and noneconomic damages that may be recovered through a wrongful death case include:
- Funeral Expenses: This may cover the cost of the casket, headstone, and funeral service
- Medical Bills: Any expenses for medical treatment received by the decedent before his or her death may be recovered through a survival action
- Loss of Income: If the deceased was the primary provider for the family, a settlement from a wrongful death case might help supplement any earnings a family has lost or is expected to lose in the future
- Loss of Moral Support and Love: No amount of money could ever replace a family member. However, the family may seek compensation for the emotional hardship resulting from the wrongful death car accident
- Punitive Damages: A claim for punitive damages may be brought against the negligent driver for egregious conduct such as driving under the influence
Should I Hire a Lawyer?
The loss of a loved one can have a devastating effect on the family they leave behind. It can also leave survivors in financial hardship, especially if the decedent was the breadwinner for the household. If someone else is responsible for the death, whether it involved an auto accident or other forms of negligence, a family may pursue a wrongful death case to recover from their losses. A wrongful death attorney in Modesto can help a family navigate the challenging legal system and obtain a successful outcome to their wrongful death case.
Auto Accident Attorney in Modesto
I’m Ed Smith, a Modesto auto accident attorney. There is nothing more tragic or heartbreaking than suffering a catastrophic injury or losing a loved one in a car wreck. If you or a family member has been injured or killed in an auto accident due to the fault of another, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
You can see what former clients have had to say about working with our law office at:
I am proud to be a member of the National Association of Distinguished Counsel and the Million Dollar Advocates.
Look over a selection of cases our law firm has handled on our Verdicts and Settlements page.
Photo Credit: By “Daniel Reche” via Pexels
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