Man Killed in Stanislaus County Car Accident
A 32-year-old Live Oak man was killed after a car accident in Stanislaus County on the morning of December 25, 2019. The single-vehicle accident happened around 8:45 a.m. along the westbound lane of East Las Palmas Avenue in an unincorporated area of the city of Patterson. A man was driving a 2012 Chevrolet pickup and lost control, causing his vehicle to drift off of the road and crash into a nearby palm tree. The impact allegedly caused the Chevrolet to catch fire, the California Highway Patrol (CHP) reported. Medical assistance was requested at the scene of the crash. Sadly, the Chevrolet driver was pronounced dead at the scene by first responders. Officials have withheld the identity of the man until his family has been notified.
Loss of a Loved One in a Stanislaus County Car Accident
The unexpected death of a close relative may be an emotionally trying time. This is often compounded when the loss is caused by the negligence of someone else. When faced with such a tragedy, surviving family members often face emotional and financial hardships. This may make it challenging for deciding whether legal action is the best choice for a family’s future.
What is Wrongful Death?
Wrongful death is defined as the loss of life due to the wrongdoing or negligence of another. For instance, deaths caused by negligent driving, unsafe road conditions, and faulty car parts and equipment may all be considered as wrongful death cases under the law.
Who is Responsible for a Fatal Single-Vehicle Accident?
Not all single-vehicle accidents are caused by driver error. Such crashes are frequent on California roads, for the following reasons:
- Government Entity: No matter how careful a driver is, dangerous roadway conditions may affect their ability to drive safely. When an unsafe road condition is to blame for a single-vehicle accident fatality, the government entity responsible for the upkeep of the roadway may be found liable. Such road defects may include fallen limbs, unsafe turns, potholes, lack of warning signage, and debris in the road.
- Vehicle Manufacturer: Defective vehicle parts and equipment may cause fatal single-vehicle accidents. Since it is not the driver’s fault that the car did not perform as expected, a claim may be brought against the entity responsible for the faulty and dangerous car parts and equipment. In an auto products liability case, any entities included in the chain of distribution may be held financially accountable. This may consist of an auto manufacturer, the company that assembled a vehicle part from another manufacturer, or the company that sold the car. To pursue such cases, the defective vehicle in question must be kept and preserved until an experienced Modesto wrongful death attorney has inspected it with their team of experts.
How Are Wrongful Death Settlements Paid Out for a Stanislaus County Car Accident?
A settlement of a wrongful death claim is generally paid by the insurance company of the negligent driver or entity. In the case of a single-vehicle accident, the government entity or vehicle manufacturer responsible for the wrongful death may be held financially accountable for losses incurred. Compensation of a wrongful death claim comes in two types, economic and noneconomic, and generally include the following:
- Costs of a loved one’s funeral and burial
- Expenses for accident-related medical treatment incurred by the deceased before they passed away (recoverable through a survival action)
- Loss of a loved one’s companionship, affection, care, and society
- Lost benefits, future financial support, and household services
- Lost parental training and guidance for surviving children
Learn more about wrongful death cases by watching the video below.
Can a Family Member File for Wrongful Death?
Not anyone in California may file a wrongful death claim for the loss of a loved one. Under the California Code of Civil Procedure Section 377.60, only the surviving spouse, registered domestic partner, or children of the deceased are eligible to file for wrongful death. If the decedent has no surviving spouse, domestic partner, or children, then other relatives may be able to bring a wrongful death action. This may include the decedent’s surviving parents, stepchildren, putative spouse, or children of the putative spouse. If you are not sure whether you are eligible to file for wrongful death, reach out to an experienced attorney.
Wrongful Death Lawyer in Modesto
I’m Ed Smith, a Modesto wrongful death lawyer. The loss of a loved one in a car accident may cause an emotional and financial burden for a family. When the unexpected death is caused by the negligence or wrongdoing of another driver or entity, it can make it even more challenging to move forward. In times like these, surviving family members need compassionate and trusted legal guidance from a wrongful death lawyer who understands the pain they are experiencing. An experienced attorney can help a family through this difficult time by holding negligent parties accountable for their loved one’s wrongful death. If you have lost a loved one in a car accident due to the fault of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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Go to our Verdicts and Settlements page to see how we have helped other families with their wrongful death cases.
Image Source: By “StockSnap” via Pixabay
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