Fatal Incident on North Oak Avenue
The Oakdale Police Department (Oakdale PD) reported a fatal incident on North Oak Avenue on the late night of Saturday, December 18, 2021. Authorities responded to the scene along the 200 block of N Oak Avenue shortly before midnight.
Details on the Fatal Incident Reported on North Oak Avenue in Oakdale
According to Oakdale PD, an 18-year-old man reportedly fell from a moving truck. It was determined through a preliminary investigation that he was the front passenger of the truck. Officers at the scene performed life-saving measures on the man.
Sadly, the passenger succumbed to his injuries at the scene. His identity has not yet been released due to pending notification of next-of-kin. Officials have not yet provided any information on the truck driver due to an ongoing investigation of the fatal incident.
Do Drivers Have a Duty of Care to Passengers?
A driver of a motor vehicle has the duty to operate it safely and avoid causing harm to others on the road. They also have the responsibility of ensuring the safety of their passengers. If the passenger suffers traumatic injuries or dies because of the negligence of the motorist, compensation may be sought from the driver for resulting losses. This generally involves bringing a claim with the insurer representing the negligent motorist. A valid civil case requires evidence that proves the duty of care the driver owed to their passenger, the breach of that duty, causation, and damages from the effects of the incident on the passenger. When a passenger has been killed because of a driver’s failure to exercise due care, this may mean that recovery from a wrongful death claim is possible.
A key part of justice is a wrongful death case, as it may serve to hold an at-fault party accountable for the undue harm their actions have inflicted on survivors by the sudden loss of their loved one. It also is intended to compensate surviving family members for the financial and intangible losses they have suffered. This may include costs of medical treatment from the fatal incident, funeral expenses, mental anguish, loss of companionship, lost future earnings, and more. While taking legal action may be the last thing on the minds of families affected by such situations, a wrongful death claim is one of the best ways to obtain justice and serve as a warning to others in the community that such conduct will not be tolerated.
There is no set amount of compensation awarded in a successful wrongful death case as it will depend on the facts and circumstances surrounding the situation. Surviving family members should also know that the claims process may not always be straightforward with insurance carriers as they may resort to defense tactics to downplay the value of their case or outright deny it. While this may be devastating for any family to experience, it is not uncommon as insurers are only concerned with protecting their bottom line. That is why it is essential for a family to retain legal counsel to ensure their interests and rights are protected every step of the way. For information on how to find the best accident attorney to represent your family, watch this video.
How Our Legal Team Can Help
Going through the claims process may require substantial time and effort that may overwhelm surviving family members that are grieving the loss of a loved one. Some may be discouraged from bringing a claim forward. However, getting the justice your family deserves is essential to not only obtaining the financial security you all deserve but also providing a sense of closure, knowing that the at-fault party has been held accountable.
Our team of accident attorneys may handle all aspects of your case so you and your family can focus on recovering instead of dealing with difficult insurers. From collecting evidence to speaking with witnesses and negotiating with insurance companies to bringing the case to civil court, your family can depend on us to stop at nothing to obtain the justice and fair compensation you all need. Give us a call today to learn more about our services and what we can do for you and your family moving forward.
Wrongful Death Attorney in Oakdale
I’m Ed Smith, an Oakdale wrongful death attorney. The unexpected loss of a close relative is a devastating experience for any family. If you have lost a loved one because of the negligent actions of another driver or entity, it is essential to discuss your options as a surviving family member with an experienced lawyer today. Wrongful death claims may be challenging, but an attorney may simplify the process and guide your family through it. A lawyer will be your family’s advocate by using their expertise, knowledge, and resources to conduct an independent investigation of the fatal incident to obtain the justice, fair compensation, and closure you all deserve. Speak with one of our attorneys today and receive free, friendly advice on your case by calling (209) 227-1931 or (800) 404-5400.
Learn more about our injury lawyers and how we have helped past clients with their cases at these links:
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