Accident Along Southbound I-5 May Have Involved Speeding
A traffic collision in Yolo County caused one fatality and multiple injuries along Interstate 5 south of Woodland. The accident occurred on December 22 near the off-ramp for State Route 113. An incident report released by the California Highway Patrol (CHP) said that both of the southbound lanes of the highway were shut down for around 2.5 hours, while an investigation was conducted, the injured were transported to hospitals, and the scene cleared.
Details of the Fatality Traffic Collision
According to the incident report, vehicles had come to a stop in the left lane when a motorist in a Ford collided with a Volkswagen. The Volkswagen, in turn, struck a Toyota. An individual riding in the Volkswagen’s front seat was severely injured and died at the crash scene. Another four people, including a minor and an infant who were riding in the Toyota and Ford, were transported by medics to UC Davis Medical Center. Both children reportedly suffered minor injuries in the collision. Neither drugs nor alcohol consumption is suspected as a factor in the collision.
Losing a Loved One in a Traffic Collision
It is hard enough to lose a family member, but when you learn a loved one has died due to another’s negligence, it can be overwhelming. This unexpected turn of events causes the family to experience shock, disbelief, and anger in addition to grief. They want to know how the accident happened and find justice for their loved ones. That is where we can help. We’ve been assisting families in Woodland since 1982 to find the closure they need.
What Is a Wrongful Death in a Traffic Collision?
As the name suggests, a wrongful death is one that should not have happened and resulted from someone’s negligence. If another person or entity fails to drive or behave in a way that is considered within the boundaries established by the community such as traveling at the speed limit or stopping at a traffic light, family members of the decedent can file a wrongful death lawsuit. The bottom line is if the at-fault’s party’s actions led to the person’s demise, the lawsuit can be filed.
Is the Basis of a Wrongful Death Lawsuit Always Accidental?
No. If someone murders another person, usually criminal charges will be filed. Criminal cases are built around evidence that gives proof that the defendant is guilty beyond a reasonable doubt. The deceased’s family can also file a civil claim against the defendant. The evidence provided in the criminal case can be used in a civil lawsuit.
Learn more about the damages that can be recovered in a wrongful death claim in the following video presented by attorney Ed Smith:
Who Can File a Wrongful Death Lawsuit in a Traffic Collision?
Under California Code 377.60, surviving family members can file a wrongful death lawsuit. They include the legal or putative spouse of the decedent and the deceased’s children and stepchildren. If none of these individuals have survived the person’s demise, the parents and siblings can file.
What Damages Are Part of a Wrongful Death Lawsuit?
The following damages can be part of a wrongful death lawsuit:
- Funeral and burial expenses
- The wages the deceased would have earned until the time of his or her retirement
- The benefits, commissions, and other perks the deceased would have received from their employer
- Love, care and guidance minors would receive from their parent
- The loss of consortium, guidance, moral support, and love a spouse lost due to the decedent’s demise
- Putative damages are those meant to punish the wrongdoer if their death resulted from an egregious act in a survivor action
Woodland Wrongful Death Lawyer
My name is Ed Smith, and I am a Woodland wrongful death lawyer. Losing a loved one is more than difficult, but when a negligent driver or other entity was the cause, the family may want to find out if they can file a wrongful death claim. You are welcome to call us at (530) 392-9400 or (800) 404-5400 for our compassionate, free and friendly advice. In addition, we can be contacted online if you prefer.
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Since 1982, my legal team and I have recovered compensation for many Woodland families following a wrongful death and in all kinds of car accidents.
Photo Attribution: https://www.youtube.com/watch?v=lkWqe7xY8eo; Image by Andreas Lischka from Pixabay
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