Two Stockton Residents Killed in Rollover Accident
Two Stockton residents were killed in a rollover accident in Sacramento County on May 19, 2019. The incident occurred shortly after 12:30 a.m. along Sheldon Lake Drive, a short distance from the intersection of Sunrise Boulevard and Grant Line Road. The car wreck involved a 2016 Toyota Avalon that was traveling eastbound along Sheldon Lake Drive and drifted off the roadway for unknown reasons. The vehicle overturned several times before coming to a rest on its roof. The occupants in the car, identified as a male motorist and female passenger, suffered fatal injuries in the collision. Officials have identified the decedents as 63-year-old Eddie Foster and 65-year-old Beverly Foster, both residents of Stockton. I would like to take the time to express my sincere sympathy to the loved ones of the decedents in their time of loss.
Common Reasons for a Single Vehicle Accident
Driver error is usually responsible for single vehicle accidents. However, that is not always the case. There may be instances of liability on the part of other parties that could lead to a motorist being involved in a single vehicle crash. These include:
- Road Defects: Government entities are usually responsible for ensuring public roads are in good condition. Lack of warning signs, excessive potholes, and obstructed intersections can cause crashes. This can create liability for the government for subsequent losses.
- Vehicle Defects: A rollover accident may occur because the parts or equipment of the vehicle involved may be defective. Conversely, insufficient roof crush resistance in a rollover crash can increase the risk of catastrophic injuries or death. In these cases, it must be proven that either the structure, equipment, or the part itself was faulty and that the defect was the reason for the serious injury or wrongful death of the person involved.
Who Can File a Wrongful Death Claim?
Losing someone you love is devastating. When that loss was caused by the negligent acts of another party or entity, the grief can be that much more challenging to cope with. In most cases, individuals who are eligible to file for wrongful death include the spouse, domestic partner, or children of the deceased person. To learn more on who can file for wrongful death, watch the below video. If you are unsure whether you may be able to file a claim on behalf of your family member, you should consult with an experienced Stockton wrongful death attorney about the circumstances of your case.
Recoverable Damages in a Wrongful Death Case
A person filing a claim for wrongful death may be able to obtain financial compensation for damages incurred. These include:
- Economic Damages: Expenses for a loved one’s funeral and burial, loss of the decedent’s future financial contributions, the cost of reasonable household services provided by the deceased person, and lost future benefits may be considered for reimbursement.
- Noneconomic Damages: This type of damage has intangible value. It takes into account the loss of consortium, mental anguish, and emotional suffering caused by a loved one’s unexpected death.
- Punitive Damages: These are not generally awarded in cases of negligence. Instead, they are filed against a responsible party for an egregious or grossly negligent act. Punitive damages are intended only to punish the negligent person and deter them from engaging in similar conduct in the future.
Proving Negligence in a Wrongful Death Claim
To recover damages in a wrongful death case, substantial evidence must be provided to show negligence on the part of the responsible party. There are critical elements involved in a wrongful death claim that can help demonstrate its validity. This includes the duty of care owed to the loved one, the violation of that duty, the death was the proximate result of negligence committed by the responsible party, and the damages suffered by surviving family members. These four elements must be effectively argued and presented to a jury or judge for the potential success of the claim. This is why it is critical to have an experienced Stockton wrongful death lawyer at your side.
Stockton Personal Injury Lawyer
I’m Ed Smith, a Stockton personal injury lawyer. There are few things as tragic as suffering a serious injury or losing someone you love in a car accident. This is especially true when the collision is caused by the carelessness of someone else. If you or a loved one has been injured or killed in an accident due to the negligence of another driver or entity, 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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