Fatal Big Rig Crash in Stanislaus County
The California Highway Patrol (CHP) reported a fatal big rig crash on Interstate 5 in Stanislaus County on Wednesday, April 21, 2021. The truck accident occurred around 1:00 a.m. on northbound I-5 just outside of Westley.
Investigation of the Fatal Crash in Stanislaus County
A preliminary CHP traffic incident report suggested that a truck driver noticed another trucker who was possibly intoxicated. Investigators said at that point, the semi-truck driver attempted to take matters into their own hands. They reportedly positioned their big rig in a way that prevented the movement of the other tractor-trailer from going northbound on Interstate 5.
Unfortunately, the good deed took a turn after it allegedly brought traffic to a complete stop and a pileup involving three tractor-trailers. A CHP spokesman reported that one of the truck drivers, a 41-year-old Five Points man, passed away at the scene.
The trucker responsible for the drunk driving accident, a 40-year-old man, was charged with DUI. The fatal crash and the DUI arrest will be handled as two separate investigations by CHP traffic officials. Further details on the incident were not immediately available.
Loss of a Loved One to Wrongful Death
The sudden loss of a close relative is one of the most challenging and painful experiences surviving family members could ever have to undergo. In addition to grieving from such a loss, survivors often encounter mounting expenses and bills and loss of future financial support, particularly if the decedent was the primary provider of the household. These factors can make the unexpected loss even more difficult to come to terms with. In such times, a family may bring a wrongful death case to seek justice and compensation.
A wrongful death claim is unique in the aspect that the individual harmed is not alive to tell their story or file the case. Because of this, the decedent’s surviving family members file a lawsuit on their behalf. A wrongful death lawsuit is a civil case brought against an at-fault party and their insurance company that is separate from any criminal charges.
Types of Compensation for a Fatal Big Rig Crash
Under the California Code of Civil Procedure Section 377.60, the surviving spouse, domestic partner, or children of the decedent are eligible for damages through a wrongful death claim. Survivors may be entitled to financial compensation for damages, including:
- Expenses for end-of-life medical treatment (this is generally recovered through a survival action)
- Costs of a funeral and burial service
- Loss of care, companionship, moral support, and protection
- Loss of future earnings and benefits (if the decedent was the breadwinner of the family)
A wrongful death case is challenging as filing criteria and deadlines must be met. To learn more about the process, watch the video below.
Can Punitive Damages Be Recovered in a Wrongful Death Case?
If the at-fault party’s actions were egregious in nature, a Modesto truck accident lawyer may seek punitive damages from them. These are solely intended to punish the negligent party for their wrongdoing and are generally awarded at the court’s discretion.
For instance, punitive damages may be sought from a truck driver who disregarded the rules of the road by operating their big rig excessively above the speed limit or under the influence of alcohol or drugs. A Modesto truck accident attorney from our law firm can evaluate your potential wrongful death case and advise you of what to expect from your claim.
About Our Law Firm
Working as trucking accident lawyers since 1982, we have worked with many families who have lost loved ones. We understand how challenging this time can be and that everyone copes with grief and loss in their own unique way. Our goal is to take as much off your shoulders as we can, so you and your family can focus on recovering from your loss.
Truck Accident Lawyer in Modesto
I’m Ed Smith, a Modesto truck accident lawyer. If you have lost a loved one in a big rig crash because of someone else’s negligence, you may seek justice and compensation for your loss through a wrongful death claim. Our legal team understands the immediate needs of surviving family members affected by such losses. That is why we are available anytime to help survivors by offering compassionate, free, and friendly advice on their potential options for recovery. To get started today, call (209) 227-1931 or (800) 404-5400.
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Visit our Verdicts and Settlements page to browse a list of our past wrongful death car accident case results.
Image Source: https://pixabay.com/photos/love-gold-rose-cemetery-grave-dead-4814488/
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