Turlock Boy Killed in Merced County Truck Accident
A 15-year-old Turlock boy was killed after a truck vs. motorcycle accident near Hilmar, CA, in Merced County on the afternoon of May 17, 2020. The California Highway Patrol (CHP) responded to a call of a truck accident that occurred shortly before 4:30 p.m. at Clausen Road and Bradbury Road. When officials arrived, they discovered that a 15-year-old boy from Turlock was riding a motorcycle and was involved in a traffic accident with a semi-truck. The driver of the tractor-trailer, a 28-year-old Turlock man, was uninjured in the traffic accident and is being cooperative with police. Sadly, the child was pronounced deceased at the scene due to the severity of his injuries. Authorities have withheld his name until his family has been notified of his passing.
Loss of a Child
One of a parent’s worst nightmares is the loss of a child. An innocent life that is taken away too soon may cause overwhelming mental anguish and emotional suffering for the family left behind. It is challenging enough for parents and legal guardians to cope with the unexpected death of a child if it was the result of illness or other natural causes. When a child’s life is lost after a truck accident caused by the negligence of a trucker or trucking firm, the grieving process is often compounded by anger and frustration. California law recognizes how devastating a loss of a child is for any parent and allows them the right to hold negligent parties financially accountable through a wrongful death claim.
Does Insurance Pay for Wrongful Death Truck Accident Claims?
Financial compensation in a wrongful death truck accident claim is generally paid by the other driver’s insurance company. It is comprised of economic and noneconomic damages. Any medical expenses related to the truck accident and incurred by the decedent before they passed away is recoverable through a survival action filed on behalf of the family. Costs of a child’s funeral and burial services may be recovered by the relative who paid for them. Mental anguish and loss of a loved one’s care, companionship, and society may also be claimed. Punitive damages may be awarded by the court for the wrongful death of a child. These serve to punish a truck driver and their trucking firm for negligent behavior and to deter others from engaging in similarly reckless conduct. A Fresno wrongful death lawyer can help you determine which specific damages to which you and your family may be entitled.
What is the Wrongful Death Statute of Limitations in California?
A wrongful death lawsuit is subject to a specific filing deadline. Under the California Code of Civil Procedure Section 335.1, a two-year statute of limitations applies to wrongful death suits. If a wrongful death claim is not settled with the truck driver or trucking company’s insurance company, or a lawsuit is not filed with the court before the statute expires, the family runs the risk of losing their right to any compensation. The family members who are given priority to the wrongful death claims process are spouses, domestic partners, or children. In the wrongful death case of a child, the parents or legal guardians of the minor may recover compensation under CCP 377.60. For more information on which family member can file a wrongful death suit after a truck accident, watch the video below.
Should You Get a Lawyer for Your Merced County Wrongful Death Truck Accident Claim?
The insurance company representing the negligent trucker and trucking firm responsible for your loss will use any tactic to avoid paying out a fair wrongful death settlement. You may face a team of insurance claims adjusters and defense attorneys who are trained to dispute your case, and that is where an experienced Turlock truck accident lawyer comes in. Hiring a lawyer who is experienced in handling wrongful death claims arising from truck accidents can protect you and your family in your time of loss and work diligently to obtain fair compensation on your behalf. Before you agree to any recorded statements, sign forms, cash any settlement checks, or speak with a claims adjuster, consult with an experienced attorney to ensure you and your family obtain justice for your loss.
Truck Accident Lawyer in Turlock
I’m Ed Smith, a Turlock truck accident lawyer. If you and your family have experienced the loss of a loved one and would like to explore your legal options through a wrongful death claim, call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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I am a member of the Million Dollar Advocates and the National Association of Distinguished Counsel.
At AutoAccident.com, our Turlock wrongful death lawyers have assisted many grieving families with wrongful death cases when a child or other close relative has lost their lives in a car accident due to someone else’s negligence. We understand the immediate financial concerns a family has after the loss of a loved one and will work to ensure that they are compensated to secure their future. To see how we have resolved wrongful death claims for other families affected by fatal auto accidents, go to our Verdicts and Settlements page.
Image Credit: By “GoranH” via Pixabay
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