Child Passed Away Week After Ceres DUI Crash
A child passed away a week after being hospitalized for a Ceres DUI crash. The California Highway Patrol (CHP) reported that a 46-year-old man was driving an SUV and crashed into a duplex along the 1200 block of Sam Street just outside Ceres city limits on June 9, 2019. A 38-year-old Ceres mother and her three daughters were sleeping inside the home at the time of the crash. The mother and her two youngest daughters, ages 3 and 5, passed away a short time after the accident. The eldest daughter, age 10, was airlifted to the UC Davis Medical Center in Sacramento for treatment of serious injuries. Sadly, she succumbed to her injuries at the hospital on June 15, according to the Stanislaus County Coroner’s Office. We would like to send our healing thoughts and prayers to the family of the mother and her three daughters, who lost their lives in this devastating accident.
DUI Suspect Charged for Ceres Fatal Crash
The suspected DUI driver appeared in court on June 17, 2019. The Stanislaus County District Attorney’s Office filed an amended complaint against the motorist for the death of the 10-year-old girl who passed away in the hospital. He now faces charges for the deaths of the Ceres mother and her three daughters. Moreover, he has also been charged with four counts of driving under the influence and felony vehicular manslaughter.
What Would Be Considered a Wrongful Death?
A wrongful death case can arise in California when a person dies as a result of the recklessness, carelessness, or negligence of someone else. Only people with a specific relationship to the decedent are eligible to file a California wrongful death claim. These include the surviving spouse, domestic partner, or children of the deceased. If such parties do not exist, then other claimants may consist of those who were financially dependent on the decedent. These include stepchildren, putative spouse, children of the putative spouse, and parents.
How to Prove Negligence in a Wrongful Death Claim
Survivors have the burden of proof to demonstrate how their loved one died from the irresponsibility or negligence of another. They have to prove that the responsible party owed a duty of care to the deceased and that they breached that duty. Moreover, it must be proven that the negligent person’s actions were the direct or proximate cause of death and resulting losses. Showing negligence in a wrongful death case is necessary to recover damages. However, doing so is often challenging and usually requires the assistance of a Modesto personal injury lawyer who is experienced in handling wrongful death claims.
Wrongful Death of a Child
Losing a child is devastating for any parent to experience. The loss is often compounded by anger and frustration when it is caused by a negligent driver. For a parent, the overwhelming grief and impact of such tragedies may seem immeasurable. In these situations, parents of a deceased child may be able to file a wrongful death claim for compensation of the following:
- Emotional suffering and mental anguish
- End-of-life medical expenses such as costs of emergency transportation and hospitalization
- Funeral and burial expenses
- Loss of love, companionship, and affection
- Punitive damages may be recovered from the at-fault driver for an egregious act such as drunk driving
Is There a Statute of Limitations for Wrongful Death?
Each state has a statute of limitations. This dictates the amount of time a family has to bring a wrongful death claim. There is a two-year window to file for wrongful death under California Code of Civil Procedure Section 335.1. Once the deadline passes, any surviving family members who failed to file a claim may lose the right to pursue compensation. Since the statute can vary from case to case, it is essential to contact a Modesto wrongful death attorney. An attorney can ensure all necessary documents are filed accordingly while a family focuses on grieving and recovering from their loss.
Modesto Auto Accident Attorney
I’m Ed Smith, a Modesto auto accident attorney. Car accidents can occur for a wide array of reasons and often result in injury or death for those involved. When they are caused by the negligence of another driver, families are often left devastated and overwhelmed with grief. If you or a loved one has been injured or killed in a car wreck, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my compassionate, free and friendly advice.
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