Modesto Man Died in Car Accident
A Modesto man was killed in a Manteca car accident on the afternoon of July 12, 2019. The crash occurred shortly after 3:30 p.m. at the intersection of Dupont Circle and Spreckels Avenue in Manteca. A preliminary report by the Manteca Police Department suggested that the collision involved multiple vehicles, including a 2012 Toyota Corolla and a 1974 Chevrolet pickup truck. One of the drivers, identified as a Modesto man, was reportedly pinned inside his car and was described to be unresponsive. Crews from the Manteca Fire Department were called to the scene to extricate the man from the vehicle. Sadly, he was pronounced deceased at the scene by first responders. Officials have identified the decedent as 28-year-old Joshua Timby of Modesto. Our thoughts and prayers go out to the family and friends of Mr. Timby during this difficult time.
What is Wrongful Death?
Wrongful death is defined as an unintentional death caused by the reckless or negligent actions of someone else. In the case of a car wreck, the wrongful death may result from driver error, road defect, or faulty vehicle equipment. A wrongful death case typically involves recovery for economic and noneconomic damages suffered by the decedent’s family. These include:
- End-of-life medical care
- Funeral and burial expenses
- Loss of future financial support and household services
- Loss of the decedent’s protection, love, affection, and companionship
- Lost inheritance and benefits such as pension and health insurance
- Mental anguish and emotional suffering caused by the wrongful death car accident
- Punitive damages are awarded only in cases involving egregious misconduct such as driving while impaired
Who Can File a Wrongful Death Claim?
A wrongful death claim is generally filed by a person who has suffered damages from a loved one’s unexpected death. In the state of California, this is limited to a surviving domestic partner, spouse, or children of the decedent. This is by California Code of Civil Procedure Section 377.60. If these parties are nonexistent at the time of the decedent’s passing, then other parties may be eligible to file. This includes the decedent’s stepchildren, putative spouse, parents, and children of the putative spouse. Any minor who lived with the deceased for at least 180 days before his or her death may also be able to file a claim. This is possible so long as they can prove they were financially dependent on the deceased person for at least 50 percent. To learn more about who can bring a wrongful death case, watch the below video.
Is There a Statute of Limitations for Wrongful Death?
California state law limits the amount of time a family has to file a claim for a wrongful death auto accident. This deadline is known as the statute of limitations, which is two years for a loved one’s wrongful death. When government entity negligence is involved, a claim must be submitted within six months from the date of loss. If a case is not pursued within that time frame, the right to recover compensation may be lost.
Why Do We Need a Lawyer?
Losing someone you love is painful enough to bear. When that loss is caused by the negligence of another driver or entity, the grief can be compounded with frustration and anger. This is especially true when dealing with insurance companies who may dispute liability to limit the amount they payout for a claim. An experienced Modesto wrongful death attorney can handle the legal complexities involved in a wrongful death claim against those responsible. A lawyer can also hire crash reconstruction experts to properly determine liability and build a strong case for fair compensation. This way, the family can concentrate on grieving and recovering from their loved one’s unexpected death without financial worry.
Modesto Auto Accident Attorney
I’m Ed Smith, a Modesto auto accident attorney. A family may be emotionally devastated by the loss of a loved one. When the negligence of another is the cause, an experienced lawyer can help surviving family members recover the compensation they need and deserve. If you have lost a family member in a car accident caused by the fault of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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