Woman Killed in Madera County Truck Accident
A woman was killed in a Madera County truck accident on the morning of July 30, 2019. The crash occurred shortly after 11:40 a.m. along Oregon Avenue in the vicinity of Road 28 1/2. A GMC SUV driven by a 59-year-old Los Banos woman was involved in a collision with a Peterbilt big rig. The crash caused significant damage to the passenger side of the SUV. Sadly, an 82-year-old Los Banos woman riding in the SUV suffered fatal injuries at the scene. Her identity has been withheld until her family members have been notified. I would like to send my healing thoughts and prayers to the family of the woman who lost her life in this tragic crash.
Losing a Family Member in a Madera County Truck Accident
The unexpected loss of a loved one is tragic. This is especially true for those who have lost someone they love in a truck accident. Depression and anger may occur after, causing the grieving process to become unbearable. While a family takes their time to come to terms with their loss, insurance companies may take advantage of their vulnerable situation. This is where the assistance of an experienced Madera wrongful death attorney can prove invaluable. An attorney can ensure negligent parties are held accountable for their loved one’s wrongful death.
Wrongful Death in a Madera County Truck Accident
A wrongful death claim may be challenging to navigate, particularly when they involve commercial vehicles. The complexity may stem from the multiple parties and companies involved in the case. These may include the truck driver, owner of the commercial vehicle, trucking company, and insurance companies. Conversely, businesses and insurance carriers are focused on their bottom line. This means that they will find any possible excuse to dispute liability for a wrongful death car accident their insured has caused.
How Do You Prove Wrongful Death?
There are four elements of negligence involved in a wrongful death case. The family of the decedent will need to prove each element to recover compensation. These include:
- Duty of Care: Evidence must show that the negligent person owed a duty of care to the deceased
- Breach of Duty: The at-fault party breached their duty of care owed to the decedent through their negligent actions
- Causation: The responsible individual’s breach or violation was the proximate cause of the death
- Damages: The loved one’s unexpected death generated quantifiable losses and damages for surviving family members
Proving these elements of negligence in a wrongful death case requires the production of substantial evidence and expert witness testimony. This may prove challenging in claims brought against a trucker or trucking company. To learn what makes truck accident cases different from car accident cases, watch the below video.
What Can Be Recovered in a Wrongful Death Case?
Compensation in a wrongful death claim is intended to make a family whole again. No amount of money can ever replace a loved one or change what happened. However, it can help surviving family members cover unexpected expenses and emotional losses. These include:
- Emotional pain and mental anguish suffered by surviving family members
- Loss of a family member’s love, affection, comfort, and companionship
- Loss of a deceased parent’s guidance and training
- Loss of household services, including caring for children, cooking, and other contributions to the family
- Lost inheritance, future financial support, and benefits such as 401k or medical insurance
- Medical bills incurred by the decedent due to the fatal accident
- Reasonable expenses for funeral and burial services
Calculating damages in a wrongful death case may be challenging. It may require the assistance of an economic and occupational expert to reach a reasonable estimate. An experienced Madera wrongful death attorney has the resources needed to obtain expert testimony. This way, the attorney can ensure a favorable outcome is obtained in a wrongful death truck accident case.
Madera Truck Accident Attorney
I’m Ed Smith, a Madera truck accident attorney. When a passenger vehicle is involved in a collision with a large commercial truck, the consequences may prove devastating for those involved. If you or a family member has suffered serious injuries or was killed in a truck accident due to the fault of another driver or entity, please call me locally at (559) 377-7676 for free, friendly advice. You are also welcome to contact me toll-free at (800) 404-5400 or fill out my online contact form.
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Visit our Verdicts and Settlements page to learn more about our firm office and prior cases we have handled for our clients.
Photo Attribution: By “Juan Pablo Arenas” via Pexels
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