Stockton Police Crash Kills Elderly Motorist
I’m Ed Smith, a Stockton Wrongful Death Attorney. We are hearing some sad news out of Stockton this morning. It appears that police officers heading to a call have been involved in a terrible crash that killed a motorist in another car, according to police.
What Happened?
A tragic crash took place near Rivara Road and North Pershing Avenue. Stockton Police Department officials said two of their officers were on their way to help fellow officers on a call this morning when they became involved in the crash.
Who Passed Away in the Crash?
A motorist, who was described as an elderly woman, has passed away as a result of being in one of the cars involved in the crash with police, according authorities.
Authorities said that at the time of the collision, officers had their sirens going.
Was Anyone Else Injured?
The officers who were involved in the crash were taken to an area hospital. Authorities indicated the officers are going to be OK.
What Caused The Crash?
It is too soon to know. The deadly crash just happended this morning.
The California Highway Patrol is currently investigating. At this point it’s unclear what led up to the crash.
Importance of Independent Investigation by Experienced Auto Accident Attorney
When one of the parties to a vehicular accident is killed it is extremely important to have an experienced auto accident attorney performing an independent investigation. The elderly woman who lost her life in this tragic collision with police is not able to give her side of what happened. An investigation into the nature and cause of the crash should be started right away to protect the rights of those who cannot speak for themselves.
Accidents Involving Government Vehicles
In some instances, government vehicles and the people who drive them may have what is called “immunity from liability.” Because they are in the process of responding to an emergency situation and acting on behalf of the welfare of the public, operators of public vehicles and the government entities that own them are provided a wide amount of latitude in the duty of care they are required to exercise. Once government personnel activate their vehicle’s flashing red lights and siren, their conduct becomes measured by a standard of care which applies to a reasonable person under the same or similar circumstances, including in an emergency.
That said, a driver behind the wheel of an emergency vehicle should not cause a collision while responding to a call. Drivers of emergency vehicles–police cars, ambulances, fire trucks–should all exercise a duty of care that’s reasonable under the circumstances of the emergency they are responding to. Failure to exercise said duty of care creates a liability.
Suing the Government
Bringing a lawsuit against the government for causing a collision requires intricate knowledge and experience in the California Tort Claims Act and the Federal Tort Claims Act. Only a personal injury attorney who is experienced in filing claims against government entities can fully protect the rights of a victim and ensure that he or she receives just compensation.
Claims Against Government Entitites Must Be Filed Promptly
Filing a governmental entity lawsuit under both the California Tort Claims Act (CTCA) or Federal Tort Claims Act, requires that a claim be filed within six months or 180 days, from the date of the injury or death of a loved one. The statute of limitations, the timeframe that you must file your case by, is significantly shorter than that for claims for personal injury, which is generally two years. While the reason for the above referenced six month or 180 day timeframe is to give the government entity notice of any dangers or defects it needs to address, and to allow the entity time to budget for any settlements and/or trials, in reality, it gives the government entity a huge advantage over a public that remains largely unaware of this filing deadline.
This is precisely why consulting with an auto accident attorney who is experienced in bringing claims against the government will protect your rights. Sadly, governmental immunity is extremely hard to overcome, and filing your claim on time is only the first step of many in these kinds of cases. Specifically, federal and state tort claims acts have several complicated notice and procedural provisions that can present potential traps for a layperson or an inexperienced attorney.
Stockton Auto Accident and Wrongful Death Attorney
I’m Ed Smith, a Stockton Wrongful Death Attorney. If you have lost a loved one due to an auto accident, please contact me right away at (209) 227-1931 for free and friendly advice. Elsewhere, call me free of toll at (800) 404-5400 for free, friendly advice.
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Edward A Smith Law Offices
235 N. San Joaquin Street
Stockton, California 95202
Source of Stockton Police Crash Kills Elderly Motorist- http://sacramento.cbslocal.com/2016/08/31/stockton-officers-involved-in-accident-woman-in-other-car-killed/