Two Killed in Fresno County Rollover Accident
Two parties were killed in a Fresno County rollover accident on the morning of May 12, 2019. The incident occurred shortly before 9:30 a.m. along the southbound lanes of Interstate 5 in the vicinity of Jayne Avenue. A party of six were driving together in a Ford Explorer near Coalinga when the tire of the vehicle blew out, the California Highway Patrol (CHP) reported. This caused the SUV to overturn multiple times. The driver was airlifted to the hospital with critical injuries while another party suffered major injuries and was transported via ambulance for treatment. Two other passengers sustained minor injuries in the crash. Sadly, a husband and wife were ejected out of the vehicle in the rollover and succumbed to their injuries at the scene. The Fresno County Coroner’s Office has identified the decedents as 64-year-old Maria Guadalupe Tinoco Docil and 51-year-old Jose Ramon Lopez Marin, both of Panorama City. I would like to send my healing thoughts and prayers to the loved ones of the decedents in their time of loss.
What Causes Rollover Accidents?
Rollover accidents often result from driver error. However, this is not always the case. There are other times when a collision occurs due to the fault of another entity. These include:
- Road Hazards: Dangerous road conditions can also lead to an auto accident. These are not crashes caused by inclement weather. Instead, they occur when a negligent government entity fails to address a known road defect. Failing to repair potholes in the roadway, install guard rails in dangerous areas, or address conditions on dangerous roads can all lead to a rollover crash. When this happens, a claim may be filed against the government entity to recover subsequent injuries and losses. Keep in mind that these types of cases must be filed within six months or 180 days from the date of the incident.
- Vehicle Defects: A rollover accident may sometimes be caused by a manufacturing defect. This can be caused by a defective car part or the vehicle design itself. A defective tire can blow out when least expected and cause a motorist to lose control of the car and collide with another vehicle or fixed object. In other cases, insufficient roof crush in a rollover can cause vehicle occupants to suffer catastrophic injuries or even death. Any of these instances can constitute negligence on the part of a manufacturer where an auto products liability claim may be pursued for resulting damages.
Can I Recover Damages for a Single Vehicle Accident?
A motorist who fails to exercise due care can get into a rollover collision and injure or kill a passenger in the vehicle. Among other factors, texting or calling on a cell phone, adjusting the stereo, or drunk driving can all constitute motorist negligence that can cause a crash. In these cases, the injured passenger or family of the decedent may seek compensation for any damages caused by the collision. If the accident was caused by a relative or friend, it is possible to claim damages from that party to cover specific expenses. While a sense of guilt may be experienced from pursuing a claim against a friend or family member, keep in mind that the insurance company will pay for subsequent damages, not the driver.
Recoverable Wrongful Death Damages
Few things are as devastating as losing someone you love in a rollover accident. Such tragedies can leave a family overwhelmed by grief and shock as well as significant financial losses. California law recognizes how difficult losing a loved one can be and allows specific family members the right to file a wrongful death claim against a negligent person or entity. Damages commonly recovered in these cases include:
- Any accident-related medical bills can be recovered in a survival action
- Diminished quality of life which can consist of the loss of consortium and emotional support suffered by a surviving spouse
- Expenses for a loved one’s funeral and burial
- Loss of parental training or guidance
- The estimated loss of income that a loved one would have contributed to the family if he or she had lived which can be calculated by an economist
- The reasonable value of household services that the decedent would have provided to the family had the wrongful death car accident not occurred
For information on who can recover in a wrongful death case, watch the below video.
Why is Having an Attorney Important?
No recovery can be obtained without establishing negligence in a personal injury or wrongful death case. In other words, the injured person or family of the decedent may not be able to recover compensation for their losses without proving negligence on the part of an at-fault driver or entity. The amount of compensation awarded will vary upon economic and noneconomic damages suffered. However, insurance companies often use tactics to limit the value of a claim or deny it altogether. Having an experienced Fresno personal injury attorney at your side is critical for preserving evidence and negotiating with the insurance company. A lawyer can also help handle your case with the utmost care and compassion while you and your family focus on recovering from your loss.
Fresno Rollover Accident Lawyer
I’m Ed Smith, a Fresno rollover accident lawyer. A rollover accident can result in catastrophic injuries and death for those involved. If you or a loved one has been injured or killed in a rollover accident and are worried about what happens next and your future, you may benefit from the insight of an experienced attorney. Please feel free to call me anytime at (559) 377-7676 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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Photo Credit: By “StockSnap” via Pixabay / Two Killed in Fresno County Rollover Accident
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