One Killed in Highway 152 Accident Near Los Banos
The California Highway Patrol (CHP) is investigating an accident on Highway 152 near Los Banos, CA, that left one person killed and two others injured on January 15, 2020. The incident occurred around 4:00 p.m. when a westbound Volkswagen Jetta reportedly collided head-on with an eastbound 2009 Freightliner tractor-trailer. The debris from the crash, including the front axle of the Volkswagen, allegedly struck a 2015 Nissan that was headed westbound on the freeway. Authorities said the driver of the big rig, identified as a 59-year-old Los Angeles man, suffered serious injuries to the legs and was transported via air ambulance to a hospital in Modesto. The driver of the Nissan, a 29-year-old Santa Clara man, received treatment for minor injuries. Sadly, the 40-year-old man driving the Volkswagen passed away at the scene. The Merced County Coroner’s Office has identified the decedent as 40-year-old Samuel Balbas of Madera County.
Recovery Process Following a Highway 152 Truck Accident in Los Banos
Pending the results of a truck accident investigation, a family of a decedent or person injured in a collision may have the right to seek compensation for damages incurred. Through a personal injury claim, an injured person may be entitled to economic and noneconomic damages. These include past and future medical costs, lost wages, loss of consortium, disfigurement, and pain and suffering. Conversely, a family of a loved one killed in a crash may seek financial recovery through a wrongful death claim. Through these types of cases, a family may be compensated for funeral and burial expenses, end-of-life medical care, lost future financial resources (wages, benefits, and health insurance), and loss of affection, companionship, and protection. Punitive damages for personal injury or wrongful death may be sought from negligent drivers for their egregious misconduct, such as driving under the influence (DUI) or excessive speeding. Insurance companies are focused on their bottom line after a traffic accident. This means they will often pressure an injured person or family of a decedent to accept a quick settlement offer that is far less than what their damages or loved one’s life is worth. To learn about the factors insurance companies look at to dispute the value of a case, watch the video below.
Who Can File a Wrongful Death Claim?
California Code of Civil Procedure Section 377.60 states that when a family member’s death is caused by the negligent act of another person or entity, the surviving spouse, domestic partner, or children of the decedent may bring a wrongful death claim in California’s courts. If there is no surviving children, domestic partner, or spouse, then others may be eligible for filing a claim for wrongful death damages incurred. This may include putative spouses, children of the putative spouse, stepchildren, or parents.
How Long Do You Have to File a Claim?
Under the California Code of Civil Procedure Section 335.1, a family of a decedent has two years from the date of their loved one’s death to file a wrongful death claim. The same statutory deadline also applies to the personal injury claims process. However, the time limit to bring a claim may be shortened to six months or 180 days if it involves negligence on the part of a government entity, such as a road defect for unsafe roadway design.
Do You Need a Lawyer?
Fault in a truck accident is generally determined through a police report. However, such investigations by law enforcement may be inconclusive or incorrect in regards to liability. A Merced personal injury lawyer can help prove negligence by reviewing any potential errors regarding fault in a traffic collision report, interviewing witnesses, and obtaining video surveillance in the area of the crash. Aside from serving as an essential source of insight and assistance, an injury lawyer can also help guide an injured person or family of a decedent through this challenging time by protecting their best interests and legal rights.
Personal Injury Lawyer in Merced
I’m Ed Smith, a Merced personal injury lawyer. The worry and stress related to the loss of a loved one or serious injury after a truck accident may be overwhelming, potentially affecting all aspects of life. If you have been injured or lost a loved one in a motor vehicle accident caused by the negligence of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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Photo Source: By “webandi” via Pixabay
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