One Killed in Escalon Fiery Crash

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April 29, 2019
Edward Smith

One Killed in Escalon Fiery Crash

One person was killed in an Escalon fiery crash on the afternoon of April 28, 2019. The incident occurred shortly after 12:30 p.m. at Mariposa Road and Dodds Road just northwest of Escalon. The vehicles involved, a white Ford Fusion and a silver Infiniti, collided at the intersection where Mariposa Road has the right-of-way. One of the cars reportedly collided with a utility pole. However, the pole remained upright according to the California Highway Patrol (CHP). A preliminary CHP report suggested one of the cars caught fire and one party succumbed to their injuries in the collision. The San Joaquin County Coroner’s Office has identified the decedent as 29-year-old Alejandro Avalos of Stockton. I would like to send my healing thoughts and prayers to the loved ones of the decedent in their time of loss.

Common Reasons for Car Accidents

A majority of car wrecks are caused by driver error. Following are some of the common forms of motorist negligence:

  • Driving under the influence of alcohol or drugs
  • Failing to adjust speed to account traffic or weather conditions
  • Failure to yield the right-of-way
  • Following too closely or tailgating
  • Motorist fatigue
  • Not using signals for a lane change or turn
  • Road defects such as lack of warning signage, insufficient guardrails, and potholes
  • Running a stop sign or traffic signal
  • Vehicle defects such as faulty brakes, defective tires, poor car design, or fire or explosion hazards
  • Texting or talking on a cell phone while driving

Auto Accidents and Wrongful Death

Wrongful death occurs when a person loses their life in an accident caused by the negligent actions of someone else. When this happens, the family of the decedent may be able to collect compensation from the at-fault party for their damages. These include funeral and burial expenses, the reasonable value of household services the decedent would have provided, financial support the loved one would have contributed to the family, and the loss of benefits or gifts expected to be received by the heirs from the deceased. Noneconomic damages such as loss of companionship, affection, moral support, protection, guidance, and training may also be recovered. To learn more about wrongful death claims, watch the below video.

Who Can File for Wrongful Death?

Under California law, specific surviving family members may be able to seek compensation from the negligent party or entity responsible for the death of their loved one. This includes the domestic partner, spouse, or children of the decedent. If such parties do not exist, those who depended on the deceased for more than 50 percent of their income may be able to bring a claim for wrongful death. These include the parents, putative spouse, or stepchildren of the deceased person.

Proving Fault in a Wrongful Death Case

After a wrongful death car accident, the family of the deceased must be able to establish the other party was responsible for their loved one’s death to recover damages. It may be necessary to collect eyewitness accounts, review surveillance footage that may have recorded the collision, or even employ the assistance of a crash reconstruction expert to show liability. Since proving fault in a car wreck is not always easy, speaking with an Escalon personal injury lawyer who is experienced in handling wrongful death cases is crucial.

How an Attorney Can Help

Navigating the legal complexities of a wrongful death claim can be as upsetting as it is confusing. A family deserves the time to collect themselves and grieve. However, taking legal action promptly is essential. California has a strict two-year window to file for wrongful death. For these reasons and others, contacting an experienced wrongful death lawyer is critical. An attorney can advise a family of their legal options and protect their right to a favorable recovery.

Escalon Personal Injury Lawyer

I’m Ed Smith, an Escalon personal injury lawyer. Suffering an injury or losing someone you love in an accident is never easy. If you or a loved one has been injured or killed in a crash caused by the negligence of another, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.

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