Driver Killed in Fatal Crash in Riverbank Area
The California Highway Patrol (CHP) reported that a driver was killed in a recent fatal crash in the Riverbank area. The incident occurred at approximately 2:13 a.m. on Highway 108 in the vicinity of Adams Gravel Plant Road. Emergency personnel responding to the scene located a damaged, empty 2006 Lexus sedan south of State Route 108.
CHP traffic officials reported that the Lexus driver was allegedly ejected out of the vehicle and was found a short distance away. A preliminary investigation revealed that the Lexus crashed into several trees and a metal garbage bin before coming to a rest. Sadly, the driver, a 51-year-old man from Ceres, was pronounced deceased at the scene of the car accident in Riverbank. His name has been withheld by officials due to pending notification of family.
What is a Wrongful Death Claim?
When an individual loses their life because of someone else’s fault, it may be considered a wrongful death case. In single-vehicle accidents, fault may lie with the manufacturer of the vehicle involved or the government entity responsible for the upkeep of the road in which the crash occurred.
When a manufacturing defect in a vehicle contributes to a car accident, the automaker may be held liable for damages incurred through an auto products liability claim. Conversely, when a crash has occurred because of poor road design or lack of roadway maintenance, the government agency responsible for maintaining the road may be responsible for resulting losses.
Since a wrongful death case for a single-vehicle accident is often challenging to prove to a difficult insurance company, it is best to work with an experienced Riverbank wrongful death lawyer. An attorney with years of experience will know the best way to proceed in the case.
What Types of Damages Can You Recover in a Wrongful Death Claim?
Depending on the facts and circumstances of the fatal incident, the family of the deceased may be entitled to economic and non-economic damages, such as:
- End of Life Medical Costs: The costs of life-saving treatment for a loved one must be paid for, but survivors should not be left with those bills. Our legal team can help surviving family members by filing a survival action on their behalf for costs of end-of-life medical care.
- Funeral Expenses: The costs of funeral services can be high. According to the National Funeral Directors Association (NFDA), the average funeral costs range from $7,000 to $12,000. No family should have to cover these costs, especially when their loss was caused by someone else’s negligence. An experienced attorney can recover all reasonable and necessary funeral expenses in a wrongful death case.
- Lost Future Earnings: When the primary provider of the family has been lost, surviving family members must deal with financial hardship on top of loss and grief. In a wrongful death claim, the loss of the decedent’s future financial support for the family can be included. A financial expert such as an economist is often necessary for proving this type of economic damage.
- Loss of Care, Companionship, and Protection: On top of lost future financial support, medical expenses, and funeral costs, the emotional toll of losing a close relative cannot be undervalued. Protection, companionship, and care are irreplaceable.
- Mental Anguish: Surviving family members suffer immense mental anguish and emotional trauma when it comes to losing someone they love. California law recognizes this and allows survivors to be compensated for their mental anguish after a loved one’s wrongful death.
For additional details on the claims process for wrongful death car accidents, watch the video below.
How Much Time Do You Have to File a Lawsuit for a Fatal Riverbank Area Crash?
Under California law, a wrongful death case must be brought within a strict filing deadline known as the statute of limitations. A wrongful death suit must be filed in civil court within two years of the date of the fatal incident, as outlined in the California Code of Civil Procedure Section 335.1. Once the time limit has passed, survivors will no longer be eligible for recovery of wrongful death damages.
Personal Injury Lawyer in Riverbank
I’m Ed Smith, a Riverbank personal injury lawyer. If you have lost a close relative because of someone else’s reckless or negligent actions, you may have legal rights. It is essential to speak with an injury lawyer who has years of experience handling wrongful death cases. The attorney can help you and your family understand who has grounds to bring a wrongful death claim. Since time is of the essence in these cases, schedule a free consultation today by calling (209) 227-1931 or (800) 404-5400. Our legal team is available anytime to hear your story, assess your situation, and determine your potential options for justice and compensation moving forward.
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