Two Killed in Eight Mile Road Crash Near Stockton
Two minors were tragically killed, and eight others were injured in a crash at Eight Mile Road and King Island Road in Stockton on the afternoon of November 22, 2019. According to the California Highway Patrol (CHP), the collision occurred around 3:45 p.m. when a driver of a 2006 Toyota Sienna van reportedly lost control and swerved off the roadway. Officials said the Toyota overturned and came to a rest on its roof in the water near White Slough, a canal in San Joaquin County. Ten individuals were in the Toyota at the time of the car accident, ranging from 13 to 17-years-old. Eight of those parties were transported to the hospital for treatment of injuries described as minor to moderate. Sadly, a 14-year-old boy and a 12-year-old girl succumbed to their injuries. A GoFundMe page has been created by the family of the 12-year-old girl to help cover her final resting expenses.
Loss of a Loved One in a San Joaquin County Canal Crash
The loss of a loved one, particularly a child, is never easy for any parent. A family’s world may be turned upside down instantly, even more so if the loss was caused by someone else’s fault. These incidents may leave families with emotional and financial hardships. When this happens, surviving family members may file a claim against a driver responsible for their loved one’s unexpected death. A family may also bring a case against a negligent automaker for failing to meet Federal Motor Vehicle Safety Standard 216. This standard regulates roof crush resistance and protection for occupants in a rollover accident. While no amount of money may make up for the loss of a loved one, compensation and justice may help a family with unexpected end-of-life expenses and peace of mind.
Wrongful Death of a Child in a Fatal Stockton Crash
The family of a child who has suffered fatal injuries in a car accident may be able to file a wrongful death claim against the person responsible for the tragic incident. These types of cases are generally covered by the at-fault driver’s insurance company for economic and non-economic damages, including:
- Emotional Suffering: The family of a deceased child may seek damages for the mental anguish they have suffered due to the wrongful death car accident.
- Funeral and Burial Expenses: The costs of a child’s funeral and burial services may be recovered by the family member who paid for them.
- Loss of Companionship: This includes the loss of love and affection of the child for surviving parents or relatives.
- Medical Expenses: These may be claimed if the deceased child lived for a short time before he or she passed away during hospitalization (this is recoverable through a survival action).
When you have lost someone you love to wrongful death, it may be challenging to understand the claims process that follows. For a brief overview of these types of cases, watch the below video.
Is There Enough Insurance?
When there are multiple parties injured or killed in a car accident, one of the questions that may come to mind is whether or not there is enough insurance for everyone. In cases where the negligent driver has little to no coverage, injured parties or families of decedents may have recourse through their own insurance policy. This is only possible if they have uninsured/underinsured motorist coverage. This type of insurance helps cover outstanding damages not paid by the negligent driver’s insurer. For more details, reach out to an experienced wrongful death lawyer in Stockton.
How Long Can You Wait to File a Wrongful Death Case?
Following the unexpected and sudden death of a child, a family needs the time to focus on grieving and recovering from their loss. However, the family must keep in mind that waiting too long to file a claim may affect their ability to recover damages. Under the California Code of Civil Procedure Section 335.1, a family has two years from the date of a fatal car accident to file a wrongful death claim. If a case is not filed within the deadline, the family may lose their right to financial recovery.
Car Accident Lawyers in Stockton
I’m Ed Smith, a Stockton car accident lawyer. There is nothing more devastating and heartbreaking than experiencing the loss of a loved one in a car accident. This is especially true if the incident was caused by the negligence of another. If this situation applies to you and your family, I am here to provide you with the free, friendly, and compassionate advice you all need in your time of loss. Please feel free to call me anytime at (209) 227-1931 in the Stockton area or toll-free at (800) 404-5400.
You are invited to take a look at our client ratings and reviews at:
I am proud to be listed as a member of several legal groups, including:
Since 1982, I have dedicated my time to helping families across Northern California with their personal injuries and wrongful death cases. To get an idea of how I have helped others with their cases, go to our Verdicts and Settlements page.
Image Attribution: By “Myriams-Fotos” via Pixabay
:ds rtc [cs 898]