Man Killed After Single-Vehicle Accident in Modesto
A man was killed, and a woman was injured after a single-vehicle accident in Modesto, CA, on May 26, 2020. The car accident occurred on Scenic Drive shortly before 9:00 p.m. According to the Modesto Police Department (Modesto PD), a man was driving a Dodge Dakota eastbound on Scenic Drive. For unknown reasons, he reportedly lost control of his pickup truck, veered across the oncoming traffic lanes, and struck a stone wall along a cemetery on Scenic Dr. He and his passenger were both transported to local hospitals. His passenger was treated for minor injuries. Sadly, he passed away during hospitalization. The Stanislaus County Coroner’s Office has identified him as 69-year-old Nemorio Placencia of Modesto.
Loss of a Loved One
The loss of a close relative is among the most challenging things a family may experience. That loss is particularly hard to accept when it occurs unexpectedly and is due to someone else’s negligence. When a loved one’s death is caused by the negligent acts of another, it may be considered wrongful death under the law, and there may be a legal claim that may be sought. However, California law regarding the litigation of wrongful death cases may be complex to understand when coping with grief and loss. In trying times such as these, it is essential to have an experienced wrongful death lawyer in Modesto on your side to ensure the rights of your loved one and your family are honored and protected.
Can I File a Road Defect Claim for a Modesto Single-Vehicle Accident?
Government entities are generally responsible for the design and maintenance of public roads. When they fail to do so, accidents can happen and leave those involved with injuries, financial concerns, or even wrongful death. Families should take comfort that California law allows them to seek damages from the entity responsible for their loved one’s collision. Some single-vehicle accidents are caused by poor road conditions, such as:
- Crumbling, cracked, or cement or asphalt resulting from lack of roadway maintenance
- Foliage that obstructs traffic signs, traffic signals, or visibility
- Insufficient repairs of potholes and other hazards in the road
- Lack of warning signage to construction sites or defects
- Malfunctioning traffic signals
- Missing reflective markers or guardrails
- Other road and debris obstructions
All the above may make it challenging for a motorist to operate their vehicle safely. As a result, the government agency responsible for the upkeep of the road may be held financially accountable for damages incurred. Surviving family members may not be aware that they may have a potential claim for their loved one’s wrongful death car accident in some of the above situations. If you suspect that a poor roadway condition caused your loved one’s crash and wrongful death, an experienced Modesto car accident lawyer can help you and your family analyze your case. For more details on the wrongful death claims process after a fatal car accident, watch the video below.
How Long Do You Have to File a Wrongful Death Claim?
In California, a wrongful death claim must be filed within a specific deadline, known as the statute of limitations. Such cases must be brought approximately two years after a fatal car accident. When a wrongful death suit involves the negligence of a government entity for a road defect, a lawsuit must be filed within six months or 180 days with the appropriate government agency. This is by California Government Code 911.2. If the specific deadlines are not met in the case, it will likely be dismissed by the court, and the family may lose the right to recover compensation. This is why it is essential to work with an experienced attorney in these challenging times. A lawyer who is experienced in handling wrongful death cases will ensure all filing deadlines and criteria are met in the claim so the family can focus on recovering from their loss.
Car Accident Lawyer in Modesto
I’m Ed Smith, a Modesto car accident lawyer. The loss of a loved one caused by another person’s negligence is a painful experience. No amount of compensation can undo a loved one’s unexpected passing. However, monetary damages from a wrongful death claim can help provide a family with the justice and financial security they need during the most trying times of their lives. If you have lost someone you love after a motor vehicle accident caused by a negligent party or entity, 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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I am proud to be listed as a California member of the Million Dollar Advocates and the National Association of Distinguished Counsel.
At AutoAccident.com, our Modesto wrongful death lawyers are dedicated to getting families the justice and fair compensation they need and deserve. To see how we have helped other families affected by wrongful death car accidents, go to our Verdicts and Settlements page.
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