Driver Swerves to Miss Animal in Roadway and Crashes
A solo vehicle traffic accident near Isleton resulted in the death of a female passenger when the pickup she was riding in swerved and struck a tree. The collision, reported by the California Highway Patrol (CHP), occurred along Highway 160 near Poverty Road around 2:30 a.m. According to the driver of the pickup, he spotted an animal in the road, which caused him to swerve to miss it. As a result, his pickup left the roadway and went down an embankment where it hit a tree.
Female Passenger Dies When Vehicle Swerves Off the Roadway
The female passenger, identified as age 34, was trapped inside the vehicle and died as a result of the traffic accident. The driver suffered no injuries, and authorities say he had not been under the influence of alcohol when the accident occurred. The name of the deceased woman has not yet been released pending notification of the family by the County Coroner’s Office. Investigators are at work to determine how the collision occurred.
Avoiding Animal Collisions
Many drivers have faced the situation where either an animal jumps out in front of their vehicle or they suddenly come upon one in the roadway. However, being prepared in advance may help you stay safer when this happens by:
- Remain calm to avoid making a dangerous mistake and causing a collision
- Don’t swerve. This option probably only works if you are traveling at a slower speed, otherwise, you can end up causing a traffic accident. Instead, slow down as much as possible but not so quickly that your car/truck fishtails.
- Although nobody wants to injure an animal and damage their vehicle, you may have no other option. If there is no way to avoid hitting the animal, slow down your vehicle and be ready for the impact.
- If the animal is large such as a deer, scoot down in your seat if possible because larger wildlife or domestic animals often cause the windshield to shatter.
- If you do happen to hit an animal, especially a large one, stay inside your car and call 911. Large injured animals can be dangerous.
Driver Liability in an Accident
In California, drivers are liable for a traffic accident that causes injuries to others, including the passengers in their own vehicle. The family of a loved one who was a passenger in the vehicle and died because of an accident has the right to recover damages by filing a wrongful death claim. Although their grief will not be eased, it can recover compensation to pay for the funeral/burial costs and help them avoid financial problems caused by their loss.
Recovery of Damages Following a Wrongful Death
A wrongful death claim usually recovers the following damages for the family or estate of the deceased:
- It is possible to recover the wages, bonuses, pension and insurance benefits and other job advantages of a deceased loved one until the time they would have reached the age of retirement.
- In addition to the loss of consortium, the surviving spouse can claim the loss of love and care.
- Burial and funeral expenses are recoverable.
- It is possible to recover inheritance loss in some cases. If the deceased had lived out their lives, this would be the amount the beneficiaries of their estate could have received.
- Damages can be recovered for the loss of guidance and nurture that the deceased provided the children.
- It is possible to recover household services that were provided by the decedent. For example, the decedent may have mowed the lawn, serviced the vehicles, prepared taxes or cleaned the home and cared for the children.
Sacramento Wrongful Death Lawyer
I’m Ed Smith, a Sacramento wrongful death lawyer. Families who lose loved ones in a traffic accident due to the negligence of another party may be able to file a wrongful death claim. You can reach us at (916) 921-6400 or (800) 404-5400 for compassionate, free and friendly advice. We also have an online contact form.
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Photo attribution: Image by Andreas Lischka from Pixabay
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