Modesto Resident Killed in Single Vehicle Accident
A Modesto resident was killed, and one other was injured in a recent single-vehicle accident. According to a news release by the California Highway Patrol (CHP), the crash occurred around 12:40 p.m. on Paradise Road just east of Illinois Avenue. A 2004 Ford F-150 pickup carrying two occupants was headed westbound on Paradise Road. For unknown reasons, the Ford reportedly veered off of the road and crashed into several trees in a walnut orchard. The impact of the collision caused the Ford to overturn and land on its roof. The driver was transported to the hospital for treatment of moderate injuries. Sadly, the passenger was pronounced deceased at the scene. Officials have identified the decedent as 42-year-old Jennifer Chavez of Modesto.
Liability in a Modesto Single Vehicle Accident
In the case of a single-vehicle accident, there may be more than one party responsible, such as a phantom driver. This is considered an unidentified motorist who causes a collision with another driver without making any physical contact, like a run-off-road crash. Conversely, a government entity may be deemed negligent for lack of roadway maintenance, poor roadway design, or other road defects. An auto manufacturer may also be responsible for a vehicle defect, such as insufficient roof crush resistance in a rollover accident. In either of these cases, an injured person or family of a decedent may file a personal injury or wrongful death claim to hold negligent parties responsible for damages incurred.
Roof Crush Resistance in a Rollover Accident
In the event of a rollover accident, an occupant’s risk of injury will vary upon the strength of the vehicle’s roof. A car roof must be able to withstand 1.5 times the weight of the car. If this is not met, this may be deemed as a violation of the Federal Motor Vehicle Safety Standard Section 216 on roof crush resistance. In this case, a vehicle manufacturer may be held liable for injuries and damages incurred in a rollover accident involving insufficient roof crush resistance. For information on what to do after a rollover, reach out to an experienced injury lawyer.
Recoverable Damages in a Wrongful Death Claim
After a fatal single-vehicle accident, survivors may seek recourse through a wrongful death claim. These types of cases take into account the intangible and financial hardships a family has faced following their loved one’s unexpected death. This includes:
- End of life medical care received by the deceased before he or she passed away (this is recoverable through a survival action)
- Costs of a loved one’s funeral and burial
- Loss of a family member’s care, love, affection, and companionship
- Loss of future financial support for the family
- Loss of a deceased parent’s training and guidance for surviving children
- Lost inheritance and benefits such as health insurance and pension
- Emotional suffering and mental anguish experienced by survivors
- Services that were provided to the household by the deceased, such as childcare and lawn maintenance
Wrongful death cases may be challenging to understand. This is especially true when coming to terms with the loss of someone you love. For a breakdown of the wrongful death claims process, watch the video below.
How Can a Lawyer Help Our Family?
There is a wide array of pitfalls a family may face with an auto insurance carrier while filing a wrongful death claim. Insurance companies are focused on their bottom line and will use any tactic to save as much money as possible on a case. This may mean finding ways of diminishing the value of a claim or denying it altogether. An experienced Modesto wrongful death lawyer will not allow for any of that. An attorney is focused on a family’s best interests in their time of loss and will work on their behalf to ensure they are not taken advantage of by insurance companies. This way, the family can focus on healing and recovering from their loved one’s death without legal and financial worry.
Wrongful Death Attorneys in Modesto
I’m Ed Smith, a Modesto wrongful death attorney. The loss of a loved one is heartbreaking. If you have lost someone you love due to the negligence of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
After losing someone you love in a car accident, it may be challenging to decide whom to call when you are seeking legal advice. At the links listed below, you may find comments and reviews by our former clients:
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For more information about our law office and our past case results, go to our Verdicts and Settlements page.
Picture Source: By “StockSnap” via Pixabay
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