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.
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:
- 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
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.
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
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