Driver Dies in Highway 79 Roadway Departure Accident
A Folsom man died in a roadway departure accident on August 28 near Folsom. The accident happened in Olivehurst during the evening hours on Highway 70, close to McGowan Parkway. The man’s vehicle, a Ford sedan, departed the roadway going down an embankment and experienced several rollovers and was reported by the California Highway Patrol (CHP).
Driver Ejected From Vehicle in Roadway Departure Accident
Unfortunately, the driver was not using seat restraints and was ejected from his vehicle, suffering fatal trauma. The Sutter County Coroner’s Office has not released the identity of the driver pending notification of his family. The CHP traffic unit detectives are conducting an investigation into the cause of the roadway departure accident.
Wrongful Death Claims and Recovering Compensation
A wrongful death occurs when a family member dies because of the negligence of another person or entity, such as a dangerous product or defective auto part. We have represented many clients whose loved ones have died due to wrongful death. Families often overlook the possibility of filing a claim when a loved one suffers a wrongful death. As a result of their loss, they quickly realize that their financial situation has been affected.
Who Can File a Wrongful Death Claim
In California, the husband or wife and their children can join in filing a wrongful death claim following a fatal road departure accident. Any other children in the household who received at least half their support from the decedent may also join in. The parents and siblings may file if the decedent had no spouse or children.
Staying Within the Statute of Limitations
All states have a statute of limitations within which the wrongful death claim must be filed. In California, it’s two years. Although this might seem like a long time, evidence that supports the claim against the at-fault person or entity must be gathered, so getting started as soon as possible is advisable. This is because the evidence may be covered over or disappear, and witnesses may move and be hard to reach.
What Can Be Recovered in a Wrongful Death Claim
The decedent’s wages until retirement age may be recovered as part of a wrongful death lawsuit after a roadway departure accident. The spouse may be able to recover compensation for their loss of consortium, affection and love. Children may recover compensation for the lost parent’s love and affection. The value of help the decedent provided around the home may be recoverable and loss of inheritance.
Punitive Damages in a Roadway Departure Accident
In some situations where the death was especially egregious or intentional, punitive damages may be awarded in addition to other compensation. The financial compensation won’t ease their grief, but it will help them prepare for the future.
Personal injury lawyer Ed Smith offers the following tips on what someone looking for legal advice should look for in an attorney:
Folsom Personal Injury Lawyer
I’m Ed Smith, and I am a Folsom personal injury lawyer. If you have lost a loved one in an accident, your family may be entitled to compensation for wrongful death. Our accident attorneys are here to offer free and friendly legal advice about whether your family can file a wrongful death claim at (916) 921-6400. You can also reach us by phone at (800) 404-5400 or by sending us a message online.
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