One Killed in Madera County Car Accident
One person was killed in a Madera County car accident on the afternoon of May 27, 2019. The car wreck occurred just before 2:00 p.m. along Highway 152 near Chowchilla. According to a preliminary report by the California Highway Patrol (CHP), a man was making a left turn from westbound State Route 152 onto Road 13. While doing so, his vehicle was struck by another car carrying a family of four. One party from the second car was transported via air ambulance to the hospital while the others were taken by ambulance to the hospital with unspecified injuries. Sadly, the driver of the first vehicle succumbed to his injuries at the scene. Officials have identified the decedent as 22-year-old Servando Aguilar Lopez of Madera. Our sincere thoughts and condolences go out to the friends and family of Mr. Lopez in their time of loss.
Investigation of the Madera County Car Accident
The cause of the car wreck remains under investigation by CHP. Investigators do not believe drugs or alcohol contributed as factors to the crash. Moreover, a GoFundMe page was created by the loved ones of Mr. Lopez to help cover his funeral expenses.
Common Reasons for a Madera County Car Accident
Many reasons come into play when talking about factors of a severe or fatal car wreck. These include:
- Distracted Driving: Becoming distracted such as talking or texting on a cellphone, adjusting the stereo, or looking off the road at an accident.
- Drowsy Driving: The driver was too fatigued to be behind the wheel of the car or used over-the-counter or prescription drugs that made them tired.
- Drunk Driving: Consumption of alcohol or illicit drugs can compromise a driver’s reaction time as well as motor and cognitive skills, all of which are necessary for safe driving.
- Poor Decision Making: The motorist misjudged another’s driver’s distance or speed, followed another vehicle too closely, or was speeding.
- Road Defects: Hazards such as potholes, insufficient warning signage, poor road design, and other problems can contribute to a car accident.
What Damages Are Available in a Wrongful Death Car Accident?
While the value of a wrongful death case will vary upon the facts and circumstances involved, the family of the deceased may often seek compensation for economic and noneconomic damages. Under California law, a wrongful death claim can include losses for:
- Costs of end-of-life medical care may be recovered in a survival action
- Expenses for a funeral and burial
- Loss of benefits provided through a decedent’s employer such as health insurance, pension, and other employment earnings
- Loss of consortium may be claimed by a surviving domestic partner or spouse
- Loss of inheritance for the present value of assets the deceased would have left to the family as part of their estate
- Lost care, counsel, services, and emotional support of the deceased individual
- Lost financial support and income of the decedent
- Mental anguish and emotional suffering for the pain and suffering the family experiences due to their loved one’s death
- The monetary value of household services or personal contributions made by the deceased to the household
Evidence Needed in a Wrongful Death Case
Substantial evidence must be provided to bring a wrongful death case forward. There are critical elements involved that must be met to help prove the validity of the claim. This includes the duty of care the negligent person owed to the loved one, the breach of that duty of care, and the cause of death. To prevail with a wrongful death case, the family must meet the burden of proof for each of the elements mentioned above. An experienced wrongful death attorney can help determine whether a family has legal grounds to file a wrongful death claim. To learn more about how fault is proven in wrongful death cases, watch the below video.
Should I Hire a Madera Wrongful Death Attorney?
The loss of a loved one is painful for any family. When that loss is the result of the negligent action of another party or entity, the grief can be that much more challenging to deal with. A wrongful death lawyer understands the overwhelming pain and financial hardship a family goes through after a loved one’s unexpected death and can offer compassionate and legal representation for their situation.
Madera Personal Injury Lawyer
I’m Ed Smith, a Madera personal injury lawyer. There are few things as life-changing as being seriously injured or losing a loved one in an unexpected auto accident, especially when the collision resulted from the negligence of another driver or entity. If you or a loved one has been injured or killed in a crash caused by the fault of another, I am here to provide you with compassionate, free, and friendly advice on your situation. Please feel free to reach out to me anytime at (559) 377-7676 or toll-free at (800) 404-5400.
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I belong to the Million Dollar Advocates. It is for top trial attorneys who have obtained over $1 million for a client through a case verdict or settlement. I also hold membership in the National Association of Distinguished Counsel, which is for attorneys who uphold high standards of legal excellence.
Please feel free to look over cases our law office has previously handled on our Verdicts and Settlements page.
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