Man Killed After Truck Accident in Merced
A man was killed, and a woman was injured after a truck accident in a homeless encampment near Merced on the night of April 8, 2020. The incident occurred shortly after 9:40 p.m. on northbound Highway 99 and involved a big rig and a sedan. Officers from the California Highway Patrol (CHP) were called to the scene. Upon arrival, responding officers discovered a semi-truck came to a rest in a homeless encampment approximately 40 feet west of the southbound lanes, just north of Childs Avenue.
Preliminary Investigation of the Merced Truck Accident
A 25-year-old Hanford man was behind the wheel of the large truck in the no. 2 lane of northbound SR-99. At the same time, a 21-year-old Merced man was driving a Cadillac sedan in the no. 1 lane. One of the drivers reportedly conducted an unsafe lane change and caused the semi-truck to veer off the roadway. The large truck then struck a 38-year-old Merced woman and a man, who were asleep in the encampment at the time of the collision. The woman received medical treatment at the scene for unspecified injuries, according to the CHP. Sadly, the man was pronounced deceased at the scene. His identity has been withheld by officials due to pending notification of family members.
Compensation for a Truck Accident Claim
When someone is responsible for causing catastrophic injuries or the death of a loved one, California law allows you to file a personal injury or wrongful death lawsuit for damages incurred. For personal injury, past and future medical expenses, past and future lost wages, and pain and suffering are recoverable. In the case of a loved one’s wrongful death, damages may include, but are not limited to, the following:
- Costs of funeral and burial services for a lost loved one
- Medical expenses for accident-related treatment the decedent received before they passed away (this may be claimed through a survival action)
- Loss of a loved one’s care, companionship, and protection
- Lost value of the benefits and wages the deceased would have likely earned through the remainder of their working years if not for the wrongful death truck accident
- Mental anguish and emotional suffering resulting from the loss of a close relative
To learn more about the damages a family is entitled to through a wrongful death claim, watch the video below.
Punitive Damages in a Truck Accident Case
In some tractor-trailer accident cases, punitive damages may be available under specific circumstances. These are not covered by insurance companies. Instead, they are sought from negligent truck drivers and trucking firms to punish them for their wrongdoing and to deter similar behavior from others in the future. This may include driving under the influence of alcohol or drugs, excessive speeding, or not complying with federal regulations.
Who Can File a Claim After a Loved One is Killed in a Truck Accident?
According to the California Code of Civil Procedure Section 377.60, the surviving spouse, domestic partner, or child of the deceased are eligible to file a wrongful death claim. If the decedent is not survived by a spouse, domestic partner, or child, then other relatives who depended on the deceased for financial support may file for wrongful death. This includes the parents, putative spouse, or stepchildren of the decedent.
How a Merced Wrongful Death Lawyer Can Help Your Family
Insurance companies representing trucking companies often act quickly to minimize their financial liability for a traffic collision. They may do so by unfairly pinpointing fault on a decedent or downplaying the extent and value of damages incurred. At AutoAccident.com, we have extensive experience in handling accidents involving tractor-trailers as well as other types of commercial vehicle crashes. We understand the emotional and financial hardship a family may face following the wrongful death of a loved one. This is why we are here to protect you from unsympathetic insurance companies and trucking companies who do not take into full account how much your loved one truly meant to you and your family. While you focus on grieving and coming to terms with your loss, we will work diligently to obtain justice and fair compensation on your behalf.
Personal Injury Lawyer in Merced
I’m Ed Smith, a Merced personal injury lawyer. Dealing with the aftermath of catastrophic injuries or the loss of a loved one after a truck accident is devastating. While nothing can undo the physical pain or bring a lost loved one back, a personal injury or wrongful death claim can hold negligent parties financially responsible and help you with your economic and noneconomic damages. Your lawyer can conduct an independent investigation of the accident, advise you of your legal options, guide you through the claims process, and work diligently to obtain fair compensation on your behalf. If you have been injured or lost a loved one after a big rig crash in the Merced area, please give me a call at (209) 227-1931 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice.
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Picture Credit: By “dominic_winkel” via Pixabay
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