Woman and Children Killed in Ceres Crash
A woman and two young children were killed in a Ceres crash during the early morning hours of June 9, 2019. The car wreck occurred around 1:30 a.m. at a duplex located along the 1200 block of Sam Avenue. A 46-year-old Modesto man was driving a 2007 Chevrolet Equinox west on Holm Avenue at a high rate of speed and reportedly failed to stop at the stop sign. The Chevrolet crashed through the fence and backyard of a duplex before colliding with the home. Emergency responders were called to the duplex and found a woman and three girls inside. A woman and two girls, ages 3 and 5, were transported to the hospital where they later succumbed to their injuries. A third girl, identified as a 10-year-old, was airlifted to the UC Davis Medical Center in Sacramento for treatment of serious injuries. An update regarding her condition has not yet been released by officials. The woman has been identified by the Stanislaus County Coroner’s Office as 38-year-old Mari Luz Jacinto-Hernandez of Ceres. Our thoughts and prayers are with the families of Ms. Jacinto-Hernandez and the two girls whose lives were lost in this tragic accident.
Investigation of the Ceres Crash
A preliminary report by the California Highway Patrol (CHP) suggested that drugs or alcohol appeared to have factored in the collision. The Chevrolet motorist was arrested and booked into jail on counts of felony driving under the influence and gross vehicular manslaughter. His bail has been set at $100,000.
What Is Wrongful Death?
Wrongful death is a legal term that is used to describe a loss of life that resulted from the negligence of another party or entity. Common causes of wrongful death include drunk driving accidents, trucking collisions, traffic collisions, and pedestrian accidents. Whatever the cause of your loved one’s death, a compassionate Modesto wrongful death lawyer can answer your questions and provide guidance regarding your options for recovery.
What Damages Are Available in a Wrongful Death Case?
Compensation awarded in a California wrongful death case is generally comprised of two types of losses, economic and noneconomic. Damages that are usually recovered by the decedent’s estate include end-of-life medical expenses, costs of a funeral and burial, lost income and financial support, and the loss of affection, love, moral support, and guidance. The necessary and reasonable value of household services that were provided by the decedent may also be considered for wrongful death compensation. For more information on these types of cases, watch the below video.
Who Can Bring a California Wrongful Death Claim?
Only specific people in the decedent’s life are eligible to file a claim for wrongful death. This is by California Code of Civil Procedure Section 377.60. Those who have the grounds to file a claim include the surviving children, domestic partner, or spouse of the deceased. If the decedent does not have any surviving parties in their line of decent, a case can be pursued on behalf of anyone who may be entitled to their property by intestate succession. Conversely, those who financially depended on the deceased person may be able to bring a wrongful death action, such as parents, stepchildren, putative spouse, and children of the putative spouse.
How Long Do I Have to File for Wrongful Death?
The statute of limitations specifies the amount of time a family has to file a wrongful death claim. In California, a claim for damages must generally be filed within two years of a loved one’s death. Failing to meet the deadline may result in the case being dismissed by the court.
Modesto Auto Accident Attorney
I’m Ed Smith, a Modesto auto accident attorney. The loss of a loved one is devastating. However, when the negligence of someone else causes a person to pass away before his or her time, it can compound the grief by anger and frustration. If you have lost someone you love in an auto accident caused by the fault of another, I am here to provide you with compassionate, free, and friendly advice. Please call me at (209) 227-1931 or toll-free at (800) 404-5400.
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