Wrong-way Driver on Manzanita Avenue Causes Fatality
A fatal accident occurred around 10:19 in the morning in Carmichael on June 5, when a man on a mobility scooter was killed. The incident happened in front of the Foxworth Apartments on Manzanita Avenue, according to the California Highway Patrol (CHP). A wrong-way driver, identified as a resident of Fair Oaks, age 30, was responsible for the fatal accident. The man who died was identified by authorities as Gary Hurlburt, age 66. Authorities reported the motorist was driving northbound when he veered into a southbound lane and proceeded up onto the sidewalk, striking and killing the man.
Additional Information About the Accident
The vehicle then crashed into a utility pole, which fell across the roadway and hit a Toyota Camry, whose driver was exiting a driveway. Workers with SMUD were called to the scene to take care of the downed power pole. The other lane was reported as full of debris.
Multiple Charges Result From a Fatal Accident
A tow truck was called to remove the pickup as evidence in the accident. At least one person was transported by emergency responders with the Sacramento Fire Department to Mercy San Juan Medical Center. The driver of the GMC was taken into custody and charged with DUI resulting in death or injury, hit and run with property damage, vehicular manslaughter, and driving under a revoked or suspended license. Bail has been set at $300,000.
Finding Justice After a Loved One Is Killed
The sorrow and grief a family feels after a loved one’s death are compounded when a negligent, reckless individual was responsible for their demise. It is important for the family to be able to seek justice for the death of their loved one. One way to do that is to file a wrongful death claim. While this will not bring their loved one back to life, it will financially penalize the at-fault driver.
Defining a Wrongful Death Claim
A wrongful death claim is filed by the family against the person or entity that caused the demise of an individual in a traffic accident or other traumatic event. It is filed by the family. This is usually done using the assistance of a personal injury lawyer.
Filing a Wrongful Death Claim
Family members such as those listed below can file a wrongful death claim:
- A spouse or putative spouse
- Children
- Adopted or step-children who are supported by the person
- Minors who lived with the decedent for six months prior to the person’s demise and who received half of their support from the deceased
- Other family members
Are There Time Limits to File?
Yes, the states impose time limits on how long a family has to file a wrongful death lawsuit. For the most part, California has a time limit, also called a statute of limitations, that extends for two years from the date of death. This varies when the negligent party was a government agency. In this case, an administrative claim against the government agency must first be filed within six months.
Investigating a Fatal Accident
At our law firm, we understand the need for a timely investigation. Unfortunately, if this is not done, the risk that evidence will be lost or hidden increases. To counter this, we dispatch our investigators to the accident site as soon as possible. They scour the area to find information about the negligent party and the accident.
Witnesses to the fatal accident are interviewed, and video footage from traffic surveillance and nearby business cameras is obtained. The investigators also review police reports for mistakes and use accident reconstruction to determine the way the crash occurred. Once this data is compiled, our legal team uses it to build a robust case for our client.
Carmichael Wrongful Death Lawyer
I’m Ed Smith, a Carmichael wrongful death lawyer. When a loved one is lost in an accident caused by negligence, the family may place a wrongful death claim for compensation. Please call (916) 921-6400 if you would like my free and friendly advice. I can also be reached at (800) 404-5400 or by filling out the form online.
My law office has helped Carmichael residents for over 38 years to get compensation for their injury accidents. I serve those with traffic accidents, serious injuries, government entities and other types of harm caused by negligence.
I am a California member of Top 1 Percent and the Million Dollar Forum.
Click the links below to learn more about my firm:
Photo Attribution: https://pixabay.com/photos/condolences-trauerkarte-letters-3991589/
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