Modesto Man Killed in Fatal Car Crash on Highway 4
The California Highway Patrol (CHP) reported that a man from Modesto was killed in a fatal car crash on Highway 4 in the Concord area on the night of Saturday, November 14, 2020. The single-vehicle accident occurred at approximately 10:38 p.m. on westbound State Route 4 just past the exit for Port Chicago Highway, CHP traffic units said. A man from Modesto was driving a 2012 Nissan Altima that reportedly veered off the roadway and struck a metal guardrail. The impact of the collision left debris strewn over the traffic lanes of SR-4. Sadly, the Nissan driver suffered fatal injuries from the wreck.
The Contra Costa County Coroner’s Office has identified the man who was killed in the Concord crash as 30-year-old Arick Lopez-Estrada of Modesto. Furthermore, the CHP has not yet determined what caused the driver of the Nissan to lose control due to ongoing investigation.
Loss of a Loved One
One of the most devastating experiences a family may ever face in a lifetime is the loss of a loved one, particularly if it resulted from someone else’s negligence. In the aftermath, insurance companies may reach out to surviving family members in their time of grief and loss to offer a quick settlement that may not take into full account how much their loved one meant to them. In other cases, insurers may look for any fact or detail of a single-vehicle accident to place blame on the decedent, which can be even more heartbreaking for survivors. While these types of crashes are often assumed to be the result of driver error, that is not always the case. Below are other parties a Modesto wrongful death lawyer may hold responsible for the loss of a loved one:
- Road Defects: If a dangerous road condition contributed to a single-vehicle car accident, survivors may file a wrongful death claim against the government entity responsible for the upkeep of the roadway. Under California Government Code Section 911.2, a family must bring a notice of claim within 180 days or six months of a fatal accident with the appropriate government agency. If the deadline is missed, the case may be dismissed by the court, and survivors may lose the legal right to recovery of wrongful death damages.
- Defective Vehicle: A family may bring a wrongful death claim if a defect in the vehicle their loved one was operating contributed to the fatal car accident. For instance, the brakes of the car may have malfunctioned and resulted in a deadly traffic collision. Under such circumstances, an auto products liability claim may be brought against an automaker or manufacturer of the faulty vehicle part for wrongful death damages incurred.
What Types of Wrongful Death Damages are Available in a Fatal Highway 4 Car Crash Case?
Surviving family members may receive financial compensation through the form of monetary damages for a wide array of economic and non-economic losses. For instance, survivors may be able to be compensated for the following financial and intangible losses through a wrongful death settlement for a fatal auto accident:
- Any benefits lost because of a loved one’s wrongful death
- Costs of medical expenses for treatment of the decedent’s final injury related to the fatal car accident
- Expenses for the funeral and burial services of a lost loved one
The loss of affection, assistance, comfort, companionship, and protection that attends the loss of a close relative - The amount of future financial support the loved one would have provided to the family through earnings had they survived the wrongful death car accident
Additional details on the wrongful death claims process are provided through the video below.
Wrongful Death Claims and Filing Deadlines in California
Under California Code of Civil Procedure Section 335.1, surviving family members have two years from the date of a fatal car accident to file a lawsuit in court for a loved one’s wrongful death. While this may seem like ample time to grieve and recover from such a loss before taking legal action, insurance companies will not be waiting. Insurers will often act quickly to find any facts or circumstances of a wrongful death claim to dispute its value or validity, including placing blame on a lost loved one. To protect yourself and your family, it is best to meet with an experienced car accident attorney in Modesto immediately. Your car accident lawyer will ensure your legal rights are protected at the same time they negotiate a full and fair wrongful death settlement with the insurance company representing the at-fault party.
Car Accident Lawyer in Modesto
I’m Ed Smith, a Modesto car accident lawyer. Motor vehicle accidents claim too many lives on California roads. If you have lost someone you love in a fatal crash, it is understandable that nothing can ever make up for such a loss. However, it is essential to hold negligent parties financially liable for their conduct through a wrongful death claim. It can help provide survivors with the justice and financial compensation they need and deserve. At our Modesto car accident law firm, we proudly represent those who have been hurt in traffic collisions and those who have lost loved ones in personal injury and wrongful death cases since 1982. For more details on how our injury lawyers can help, contact us today at (209) 227-1931 or (800) 404-5400 to set up a consultation for compassionate, free, and friendly case advice.
Find useful information about our law office at the links below:
Two legal groups that we are proud members of are:
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