Man Killed in San Joaquin County Truck Accident
A Modesto man was killed in a San Joaquin County truck accident near Riverbank on the afternoon of August 14, 2019. The crash occurred around 5:05 p.m. on Santa Fe Road and Henry Road, just north of the Stanislaus River and Jacob Myers Park. A man was driving a 1992 Toyota Camry in the area. For unknown reasons, he was involved in a broadside collision with a 2016 International Prostar truck. The impact of the crash propelled the big rig into the oncoming traffic lane, where it crashed into a 2012 Chevrolet Silverado driven by a 53-year-old Modesto man. A passenger of the Toyota, a 17-year-old Modesto girl, suffered critical injuries in the crash. She was transported to the hospital for immediate treatment. Sadly, the man driving the Toyota suffered fatal injuries in the accident. He has been identified by officials as 19-year-old Robert Gonzales Burket of Modesto. A GoFundMe page has been established by the family of Mr. Gonzales Burket to help cover his funeral expenses.
Losing a Loved One in a San Joaquin County Truck Accident
The unexpected and sudden loss of a loved one is devastating for any family. When the death is caused by the careless and negligent acts of another, this may compound the grieving process with anger and frustration. Matters may be made even worse when dealing with unsympathetic insurance claims adjusters who are representing negligent truckers and trucking companies. Insurers for these parties may find any way to dispute liability for a loved one’s wrongful death. In times like these, it is useful to retain a Modesto wrongful death attorney. A lawyer knows the tactics insurance companies use to minimize the amount they pay a family for a wrongful death claim. Overcoming such tactics is critical, especially when a family is coping with grief and financial hardship in these situations.
What Can Be Recovered in a Wrongful Death Case?
In California, there are two types of recovery available to survivors. These include economic and noneconomic damages, such as:
- Any medical expenses incurred by the deceased before his or her passing. These are recoverable through a survival action.
- Expenses for funeral and burial services
- Loss of a loved one’s comfort, care, society, and moral support
- Loss of future financial support for surviving family members
- Loss of household services that the decedent would have continued to provide to the family had he or she survived
- Mental anguish caused by the wrongful death truck accident
- Punitive damages may be available in some wrongful death claims, but only in cases where the death was caused by egregious misconduct. This may include driving under the influence.
Wrongful death claims may be challenging to understand, particularly when coming to terms with a loved one’s unexpected passing. Watch the below video for a breakdown on these types of cases.
How Long Do You Have to File a Wrongful Death Case?
Time is of the essence in a wrongful death case. Under California Code of Civil Procedure Section 335.1, specific family members have two years to file a claim for wrongful death. If negligence on the part of a government entity is involved, the deadline is reduced to 180 days from the time of a loved one’s death. This by California Government Code 911.2. Since the statute of limitations may differ under other circumstances, it is essential to consult with an experienced wrongful death lawyer in Modesto. A lawyer can advise a family of the statutes and criteria applicable to their case.
Who Can File a Wrongful Death Claim?
In California, specific relatives are eligible to file a wrongful death claim. This includes surviving spouses, domestic partners, and children. If the decedent had any financial dependents, such as a putative spouse, parents, or stepchildren, they may also be entitled to bring a wrongful death case. To determine your eligibility for a wrongful death action, reach out to an experienced attorney.
Wrongful Death Attorneys in Modesto
I’m Ed Smith, a Modesto wrongful death attorney. The unexpected loss of a family member in a truck accident is a traumatic and overwhelming experience. This is especially true if the death was caused by the carelessness of another driver. In times like these, a family needs an experienced attorney to handle their legal matters so that they can focus on grieving and recovering from their loved one’s sudden death. If you have lost someone you love in an accident due to someone else’s negligence, I have compassionate, free, and friendly advice to offer you. Please feel free to call me anytime at (209) 227-1931 or toll-free at (800) 404-5400.
Client reviews about a law firm may be helpful when you are searching for reputable legal advice. You may read ours at the following sites:
The Million Dollar Advocates and National Association of Distinguished Counsel are two of the many legal groups I belong to as a California member. The first forum showcases attorneys who have obtained over $1 million for a client. The other organization honors attorneys who uphold high standards of excellence in their practice of law.
Information on cases that our law office has previously handled is available for your review on our Verdicts and Settlements page.
Photo Source: By “Nathan Cowley” via Pexels
:ds [cs 920] bw