Driver Loses Control of Vehicle on Omo Ranch Road
A 17-year-old Somerset teen was placed under arrest for suspicion of drunk driving after a fatal crash near Somerset recently, which killed a passenger in her vehicle. The accident, which occurred along Omo Ranch Road westbound close to Mt. Aukum Road around 5:00 p.m., happened when the teenage driver was speeding and lost control of the vehicle. The Mercury Grand Marquis she was driving then crashed into some trees and a pond. According to the Placerville office of the California Highway Patrol (CHP), although the driver managed to free herself, the passenger was trapped inside, and a passerby assisted in getting her out of the car and pond.
Passenger Dies in Fatal Crash
Although the injured passenger, a 17-year-old female, also from Somerset, was transported to UC Davis Medical Center, she was pronounced dead upon arrival. The passenger in the car had not been wearing a seat belt at the time of the fatal crash. When the driver of the Mercury was taken to another hospital for treatment of minor injuries, she was placed under arrest on suspicion of drunk driving. The teen’s name has not been released due to her being a minor. The name of the deceased passenger will be released by the Coroner’s Office after the family has been notified. The accident is being investigated by the CHP with help from the District Attorney’s Office in El Dorado County.
Wrongful Death in a Fatal Crash
There are few things worse than parents losing a child due to another person’s negligent actions. In California, the parents of a deceased minor can file a wrongful death claim to recover damages for that loss under “vicarious liability” if the person responsible for the injury or death is under the age of 18. Under Vehicle Code 17707, the parents of a minor child who died in a fatal crash caused by another underage person may file a claim either against the parents or the individual who caused the accident. They also have the right to file a claim against both.
Proving a “Vicarious Liability” Accident Claim
Five elements must be proved for a vicarious liability claim to go forward. These elements include:
- The individual operating the vehicle was negligent.
- The other person in the vehicle was harmed.
- Negligence by the at-fault party was substantial in causing that harm.
- The driver’s license application had been signed by one of the parents.
- The California Department of Motor Vehicles had not revoked or canceled the driver’s license.
Insurance Coverage May Help in a Fatal Crash
Many families find it difficult to cover funeral and burial costs and other expenses when they lose a loved one suddenly. In cases where the at-fault driver has no insurance or is underinsured and a personal lawsuit is unlikely to be helpful, the grieving family may be able to recover some of their expenses by using this policy. Many California drivers opt to take the uninsured/underinsured add-on policy. It can be used for injuries or deaths caused by traffic accidents. If the person who died did not have this insurance but another family member does, their policy can be used to cover expenses without any increase in the premium. An injury lawyer can handle negotiations with the insurance provider for you.
Wrongful Death Lawyer in Placerville
I’m Ed Smith. I’m a wrongful death lawyer in Placerville. When your minor child was lost due to a negligent driver, the parents may have the ability to file a wrongful death claim to recover damages. For compassionate, free and friendly advice from our injury lawyers, contact us at (530) 392-9400 or (800) 404-5400. An online contact form is available also. We can arrange an online or in-person consultation to discuss the fatal crash with you, tell you about options to recover damages and answer your questions.
Photo attribution: Image by Andreas Lischka from Pixabay
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