One Killed in Fatal Car Accident in Modesto Area
One party was killed, and six others were hurt after two vehicles were involved in a fatal car accident near the Modesto area on Saturday, December 5, 2020. Crews from Stanislaus Consolidated Fire and Modesto Fire Department were dispatched to the scene of the deadly incident shortly after 10:10 p.m. at the intersection of Langworth Road and Claribel Road. The California Highway Patrol (CHP) reported that one of the drivers involved in the motor vehicle collision was reportedly traveling at a high rate of speed. The driver, a 19-year-old Modesto man, allegedly failed to stop at the stop sign posted at the intersection and collided with the second vehicle and a power pole.
One individual was pinned inside a car when crews arrived. An assessment of the wreck revealed that a total of seven parties were involved, and six of them were treated at area hospitals. Sadly, one individual was pronounced deceased at the scene of the crash. The Stanislaus County Coroner’s Office has identified the decedent as Francisco Diaz Lomeli, 20, of Oakdale. A GoFundMe page has been created on behalf of Mr. Francisco Diaz to help support his family in their time of loss.
The 19-year-old man from Modesto was arrested for gross vehicular manslaughter and felony DUI, according to CHP traffic units. Investigation of the fatal Modesto car accident is ongoing by the CHP. No further details have yet been revealed.
Who Can File a Wrongful Death Lawsuit in California?
In the state of California, the surviving family members allowed to bring a claim for a loved one’s wrongful death is the decedent’s spouse, domestic partner, or children. If none of these parties exist, then the putative spouse and their children are eligible for wrongful death compensation. If there is no surviving domestic partner, the parents or stepchildren of the deceased may seek compensatory damages for their loss. For more details on which family member can file for wrongful death, watch the video below by our Modesto wrongful death lawyer.
What is the Statute of Limitations for Wrongful Death in California?
A statute of limitations applies to filing a wrongful death claim in California. This time limitation for wrongful death lawsuits in California is two years from the date of the fatal incident. However, in cases brought against government agencies, the statute of limitations is reduced to six months or 180 days, as outlined in the California Government Code Section 911.2.
Failure to file a lawsuit for a loved one’s wrongful death within this time frame may generally result in the court dismissing the case and the loss of the right to recovery of compensatory damages. An independent investigation of a fatal accident can take time so allow your Modesto car accident lawyer ample time to evaluate your case so that your family can receive justice and fair compensation for the loss of your loved one.
What Wrongful Death Damages are Available to Surviving Family Members?
No amount of money can ever undo the pain of losing a loved one or bringing them back. However, survivors still deserve recovery and justice. Our Modesto car accident lawyers work diligently to ensure surviving family members receive the financial compensation they need to relieve them of any financial hardship they have suffered as a result of their loss. While there is no set amount of compensatory damages a family can expect to claim in a wrongful death case, the following economic and non-economic damages may be awarded based upon the facts and circumstances of their loss:
- Costs of medical treatment related to the decedent’s final moments
- Expenses for a loved one’s funeral and burial services
- Lost income like earnings or job benefits
- Loss of a family member’s care, love, guidance, moral support, and companionship
- The mental anguish of surviving family members
Punitive damages may also be awarded at the discretion of the court. This will be based upon the evidence a Modesto car accident lawyer provides to prove the egregious conduct of the at-fault party. In the case of a fatal motor vehicle accident, the injury lawyer may seek punitive damages for excessive speeding or driving under the influence of alcohol or drugs (DUI).
Is it Worth Hiring an Attorney for a Fatal Car Accident in the Modesto Area?
After the loss of a loved one in a fatal traffic collision, it can be challenging for the family left behind to pick up the pieces and bring a wrongful death claim. The loved one is not present to speak on behalf of their pain and suffering and experiences. Because of this, it is critical to seek out legal assistance from a top-rated car accident lawyer in Modesto who has experience handling wrongful death car accident claims. The foundation of a wrongful death case is based upon the evidence of negligence provided, and without it, it can be challenging to seek compensatory damages from the insurance company representing the at-fault party. For this reason, it is best to leave all aspects of your case to be handled by an experienced attorney.
Car Accident Lawyer in Modesto
I’m Ed Smith, a Modesto car accident lawyer. When a loved one is lost in a fatal car accident caused by negligence, the at-fault party should face the consequences of their wrongdoing, and your family does not deserve to suffer the aftermath alone. While nothing may replace your loved one and how much they mean to you, our car accident lawyers can help you obtain justice and work to prevent this from happening to other families in the future. Contact us today for free, friendly legal advice at (209) 227-1931 or (800) 404-5400 to learn more.
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