Lodi Man Killed in Livermore Truck Accident
A 27-year-old Lodi man was killed in a Livermore truck accident during the early morning hours of May 30, 2019. The truck wreck occurred shortly after 3:00 a.m. at East Jack London Boulevard and Isabel Avenue in Livermore. A driver of a 2015 Kia Optima was involved in a collision with a tractor-trailer. The truck driver was uninjured in the crash. Sadly, the Kia driver was pronounced deceased at the scene. His name has been withheld by officials until his family has been notified. Our thoughts and prayers are with the loved ones of the decedent during their time of loss.
Common Reasons for a Truck Accident
Trucking accidents, due to the sheer weight and size of a commercial truck, can cause immense damage. They are commonly caused by:
- Distraction: Using the radio, eating, adjusting a GPS device, and talking or texting on a cell phone are some examples of distracted driving. These can divert a trucker’s attention from the road and cause a severe collision.
- Fatigue: This is considered one of the leading causes of big rig crashes. Some trucking companies may pressure truckers into driving long past their point of exhaustion to meet delivery deadlines. These unrealistic expectations can cause a trucker to fall asleep at the wheel and cause a truck accident.
- Impairment: Alcohol and drugs can impair a truck driver’s reflexes and judgment. This can contribute to a severe truck wreck.
- Reckless Driving: Truckers are obligated to follow the rules of the road and exercise due care. However, some truck drivers may conduct unsafe lane changes, speed, or follow other vehicles too closely. This can compromise the lives of others on the road.
What Damages Are Awarded in a Wrongful Death Claim?
Damages refer to the financial value of a wrongful death case. There are two types, economic and noneconomic. Economic damages are usually straightforward and refer to expenses incurred from a loved one’s unexpected death. Noneconomic damages represent intangible harms and are more complex to estimate. Moreover, the following damages may be recovered in a claim for wrongful death:
- Costs of a funeral and burial
- Loss of society, love, care, services, and companionship of the decedent
- Loss of the deceased person’s expected earnings
- Lost benefits such as medical coverage, pension plans, etc.
- Medical expenses related to the wrongful death car accident
- Mental anguish and emotional suffering
- Pain and suffering to compensate a family for their emotional distress caused by their loved one’s death
- Punitive damages in cases of egregious conduct such as drunk driving
To learn more about wrongful death claims, watch the below video.
How Long Do I Have to File a Wrongful Death Claim?
Claims for wrongful death are governed by state law. As such, the statute of limitations that permits how much time someone has to file a claim for damages varies from state to state. In California, there is a two-year window to file a wrongful death suit. If a case involves a government entity such as the state government or municipal agency, then the statute is shortened to 180 days or 6 months from the time of loss.
Should I Hire an Attorney?
Coming to terms with a loved one’s death can be undoubtedly challenging. However, a family does not have to face this alone. An experienced attorney can help provide invaluable assistance in moving wrongful death cases forward. A lawyer will also work to ensure surviving family members are protected from undue financial damages while they focus on recovering from their loss.
Lodi Wrongful Death Lawyer
I’m Ed Smith, a Lodi wrongful death lawyer. The loss of someone you love is heartbreaking, especially when it is unexpected and caused by the negligence of another. Whether a loved one was lost in a car wreck or truck accident, the family may be physically and emotionally drained as well as financially distraught. If you have lost a family member in an accident due to the fault of someone else, I am here to provide you compassionate, free, and friendly advice. Please feel free to call me anytime at (209) 227-1931 or toll-free at (800) 404-5400.
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