Woman Killed in Tulare County Head-On Collision
A Fresno woman was killed, and five others were injured in a head-on collision in Tulare County on the morning of December 26, 2019. The car accident occurred around 6:00 a.m. on Avenue 384 near Monson Drive, just southeast of Dinuba, CA. A Kia Soul was traveling westbound on Avenue 384 when it reportedly entered the oncoming traffic lane and crashed head-on with a Chevrolet Astro van, according to the California Highway Patrol (CHP). The driver of the Kia, identified as a 33-year-old Oakland man, was taken via air ambulance to Kaweah Delta Medical Center in Visalia for treatment of serious injuries. He was the sole occupant of his vehicle at the time of the crash. The Chevrolet driver and all four of his female passengers, all five identified as residents of Fresno, were also transported to Kaweah Delta for treatment. Sadly, a woman who was sitting in the rear passenger seat of the Chevrolet succumbed to her injuries. Family members have identified the decedent as 59-year-old Caroline Fernandez of Fresno.
Loved One Forever Remembered
Caroline Fernandez was a beloved member of her family. Those who knew and loved Ms. Fernandez said she was a devoted wife, mother, and grandmother. She always provided unconditional love and support to everyone in their time of need. A GoFundMe page has been established by her family to help cover her funeral expenses, as well as help pay for medical expenses incurred by her relatives who were injured in the crash.
What Caused the Tulare County Head-On Collision?
The head-on collision is believed to have been caused by impaired driving on the part of the Kia driver, the CHP reported. The driver of the Kia will be booked into the Tulare County Pre-Trial Facility on charges of DUI once he has been released from hospitalization. None of the parties involved in the car wreck have yet been identified by the CHP.
Damages Recoverable in a Tulare County Head-On Collision
California law recognizes that a catastrophic injury may be devastating, both financially and emotionally, to injured parties. This is why the law provides a way to protect people injured in car accidents by awarding economic and noneconomic damages through a personal injury claim. Economic damages, or special damages, are intended to compensate an injured person for the medical expenses, lost wages, and loss of future earning capacity they have experienced. Noneconomic damages, or general damages, cover the intangible losses an injured person has faced, including pain and suffering, loss of consortium, and diminished quality of life. Should a family lose a loved one to a head-on collision, there may be some legal options available to them, including the right to file a wrongful death case against the negligent party. In wrongful death car accidents, the family may recover end-of-life medical expenses, funeral bills, costs of lost household services, lost future financial support and benefits, and loss of love, companionship, and moral support. Conversely, survivors may also be able to recover punitive damages from the at-fault party if the decedent was killed as a result of felony homicide, such as drunk driving. Keep in mind that this type of damage is solely intended to punish the wrongdoer and to deter similar behavior from others in the future.
Who Can File for Wrongful Death?
When a person loses their life in a car accident due to the negligence of someone else, the family of the decedent may be entitled to damages through a wrongful death claim. As stated in the California Code of Civil Procedure Section 377.60, a claim to recover wrongful death damages may be brought by the surviving spouse, domestic partner, or children of the deceased. If the decedent left no surviving spouse, domestic partner, or children, then his or her parents, stepchildren, putative spouse, or children of the putative spouse may be eligible to file for wrongful death. To learn more about who can recover in a wrongful death claim, watch the below video.
Is There a Time Limit to File for Wrongful Death?
There is a deadline in which a wrongful death claim must be filed. This time limit is known as the statute of limitations, which is two years for wrongful death in California. If the statutory deadline is not met, the court may dismiss the case, and the right to recover compensation may be lost.
How Can a Lawyer Help Our Family?
Surviving family members may often feel overwhelmed by the legal procedures that are involved in a wrongful death claim. In times like these, an experienced Fresno wrongful death attorney may be a compassionate and invaluable resource to help a family through this challenging time. An attorney can ensure that those left behind receive the justice and compensation they need and deserve following their loved one’s wrongful death.
Wrongful Death Lawyer in Fresno
I’m Ed Smith, a Fresno wrongful death lawyer. The loss of a loved one in a car accident is devastating, especially when the death could have been prevented altogether. When a loved one’s death is due to the negligent or reckless action of someone else, the family of the decedent may be able to take legal action to obtain the monetary damages they need to move forward from their loss without financial worry. A wrongful death claim is one way to accomplish this, as well as hold the negligent driver accountable for a loved one’s wrongful death. If this has happened to you and your family, please call me at (559) 377-7676 or toll-free at (800) 404-5400. I am available anytime to provide you with my compassionate, free, and friendly case advice on your situation and your potential options for recovery.
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Photo Source: By “Paolo Nicolello” via Unsplash
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