Two People Die in Underride Accident on Highway 1

car-1531274_1280

Two People Die in Underride Accident on Highway 1

I’m Ed Smith, a Santa Barbara car accident lawyer. A partial underride accident south of Guadalupe on July 3 ended with the deaths of two people. According to a representative of the California Highway Patrol, speed was believed to be a factor in the fatal crash.

Details of the Accident

The crash occurred around 7:00 p.m. along Brown Road, on the east side of Highway 1, known locally as Cabrillo Highway. A Saturn, driving east along Brown, traveling at high speed, ran through the intersection stop sign on the highway and crossed over the railroad tracks, where it crashed into a semi that was parked. According to a CHP representative, the driver lost control of the vehicle, and it went airborne when it passed through the intersection at Highway 1. The vehicle became wedged under the back end of the semi as a result of the crash.

Investigation of the Crash

The CH reported that accident investigators are seeking security camera footage from a packing plant located near the accident site. The semi driver was uninjured by the crash, according to a captain with the fire department in Santa Barbara County. The names of the deceased have not yet been released.

Underride Accidents

An underride accident is one in which a passenger vehicle goes underneath a tractor-trailer or other large truck. Most underride accidents occur to the truck’s front, followed by the rear. The fewest number occur on the sides of a truck. When an underride accident occurs, it has a devastating affect on the people in the motor vehicle, and this type of accident often results in the deaths of the occupants. When the top of a vehicle becomes crushed, the seat belts and air bags cannot work properly, causing severe damage to the head and neck of the persons inside.

Causes of Underride Accidents

Most underride accidents are caused by driver error. Reasons may include:

  • Tailgating
  • Sudden stops
  • Driving in a trucker’s blindspot
  • Weather conditions
  • Disobeying traffic laws

In the above accident, the driver was reported as driving at an excessive speed, which may have contributed to the accident. In this case, the family of the passenger in the vehicle may have reason to file a wrongful death lawsuit to recover damages. In fact, auto accidents are among the common causes of wrongful death.

Who Can File a Wrongful Death Suit?

  • The widow or domestic partner of the victim
  • Children of the victim
  • Stepchildren if they were supported by the decedent
  • Minors who lived in the household for a minimum of 180 days before the death of the person or for whom the decedent contributed at least 50 percent of support
  • A putative spouse who is someone who believes she/he was married but in fact is not

Recoverable Damages in a Wrongful Death Lawsuit

  • Funeral and burial expenses
  • Loss of future support from the victim
  • Loss of companionship
  • Medical expenses that occurred before the death of the victim (survival action)
  • Loss of care, guidance and training if the victim was a parent
  • Loss of inheritance
  • Loss of services around the home
  • Punitive damages if the victim died because of felony homicide

Related Pages:

Are wrongful death damages taxable?

Can heirs recover punitive damages against a driver who causes death?

How long do wrongful death cases take?

ed_smith_home-pic

Accident Lawyer, Ed Smith

Santa Barbara Car Accident and Personal Injury Lawyer

I’m Ed Smith, a Santa Barbara car accident lawyer. When you or your family member has been injured or killed as a result of a driver who was negligent, please phone me at (805) 372-0200 or at (800) 404-5400 toll-free for my free, friendly advice.

You can find reviews of my law practice at Google Plus, Avvo and on Yelp.

As a California member of the legal group Million Dollar Advocates, we represent the top trial lawyers around the country with proven records of settlements and/or verdicts of $1 million or more for clients.

Find additional information on our legal firm’s past cases that were positively resolved at my Verdicts and Settlements page.

Having practiced as an injury lawyer for more than three decades, I am honored to help California residents in obtaining fair compensation for their injuries and in their family losses caused by wrongful death.

Photo Attribution: 1) car-1531274_1280.jpg  2) Accident Lawyer, Ed Smith

:cd bw cv

Posted In:
Updated:

Client Reviews

  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
    Sincerely,
    ★★★★★
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation.
    ★★★★★
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything.
    ★★★★★
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime.
    ★★★★★
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone.
    ★★★★★
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury.
    ★★★★★