Scranton Law Firm The Accident Attorneys

Sunday, 6 August 2023

Is a Fatal Vehicle Accident Considered a Wrongful Death?

by Christian Scranton

Fatal Vehicle Accidents & Wrongful Death

Fatal vehicle accidents can have devastating consequences, leaving families in grief and facing immense emotional and financial burdens. When a loved one dies as a result of a vehicle accident, it is natural to question if the incident constitutes a wrongful death. In this article, we will explore the concept of wrongful death in the context of fatal vehicle accidents, discuss the factors that determine whether a fatal vehicle accident is considered a wrongful death, and provide guidance on legal options for the surviving family members.

Understanding Wrongful Death

Wrongful death refers to a legal claim that arises when a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. Wrongful death laws vary by jurisdiction, but generally, these laws are designed to provide compensation to the surviving family members for the losses and damages resulting from the death of their loved one.

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Factors in Determining Wrongful Death in a Vehicle Accident

To determine whether a fatal vehicle accident can be considered a wrongful death, several factors need to be considered:

Negligence or wrongful conduct: It must be established that the death resulted from the negligence or wrongful conduct of another party. This can include actions such as drunk driving, distracted driving, speeding, or any other form of reckless behavior that led to the accident.
Duty of care: The at-fault party must have had a duty of care towards the deceased. In the context of a vehicle accident, all drivers have a legal duty to operate their vehicles in a safe and responsible manner to prevent harm to others on the road.
Breach of duty: It must be shown that the at-fault party breached their duty of care. This can be demonstrated by proving that they failed to uphold their responsibilities, such as by violating traffic laws or engaging in dangerous behavior while driving.
Causation: There must be a direct causal link between the at-fault party’s negligence or wrongful conduct and the death of the individual. It must be established that the fatal injuries were a direct result of the vehicle accident caused by the at-fault party.

Legal Options for the Surviving Family Members

When a fatal vehicle accident is considered a wrongful death, the surviving family members may have legal options to seek compensation for their losses. These options may include:

Wrongful death claim: The immediate family members, such as the spouse, children, or parents of the deceased, may file a wrongful death claim against the responsible party. This claim seeks compensation for various damages, including funeral expenses, medical bills, lost financial support, loss of companionship, and emotional distress.
Survival action: In some jurisdictions, the estate of the deceased may bring a survival action on behalf of the deceased’s estate. This action seeks compensation for the pain and suffering experienced by the deceased before their death, as well as any other losses or damages incurred.
Insurance claims: The surviving family members may also pursue claims with insurance companies involved, such as the at-fault driver’s auto insurance or any applicable life insurance policies. These claims can help provide financial support and cover the expenses associated with the accident.

Seeking Legal Representation

Navigating the legal complexities of a wrongful death claim can be overwhelming, especially while dealing with the emotional aftermath of losing a loved one. Therefore, it is highly advisable to seek the assistance of a experienced wrongful death attorneys. A knowledgeable attorney can provide guidance, handle the legal process on behalf of the family, gather evidence, assess damages, negotiate with insurance companies, and, if necessary, represent the family’s interests in court.

FAQs

Q: Who can file a wrongful death claim for a fatal vehicle accident?

A: The laws regarding who can file a wrongful death lawsuit vary by jurisdiction. Generally, immediate family members, such as spouses, children, or parents of the deceased, have the right to file a wrongful death claim. It is best to consult with an attorney to understand the specific laws and requirements in your jurisdiction.

Q: What damages can be recovered in a wrongful death claim for a fatal vehicle accident?

A: The damages that can be recovered in a wrongful death claim may include funeral and burial expenses, medical bills, lost financial support, loss of companionship, emotional distress, and other related losses. The specific damages will depend on various factors, such as the circumstances of the accident and the laws of the jurisdiction.

Q: How long do I have to file a wrongful death claim for a fatal vehicle accident?

A: Statutes of limitations govern the time within which a wrongful death claim must be filed. The time limit varies by jurisdiction, and it is important to consult with a wrongful death lawyer promptly to ensure compliance with the statute of limitations for wrongful death in california applicable deadline.

Q: What if the at-fault party in the fatal vehicle accident is deceased?

A: If the at-fault party is deceased, the surviving family members may still have legal options. They can pursue claims against other potentially liable parties, such as manufacturers for defective vehicle parts or government entities for hazardous road conditions. An attorney can assess the case and determine the appropriate course of action.

Q: What if the fatal vehicle accident was caused by a hit and run driver?

A: If the fatal vehicle accident was caused by a hit and run driver, the surviving family members may still have options for seeking compensation. They can explore uninsured motorist coverage, pursue claims with their own insurance company, or seek legal remedies against other liable parties. Consulting with an attorney is crucial in hit and run cases to navigate the complexities and maximize the chances of obtaining compensation.

Q: Is it necessary to hire an attorney for a wrongful death lawsuit?

A: While it is not legally required to hire an attorney for a wrongful death lawsuit, it is highly recommended. An attorney experienced in wrongful death cases can provide invaluable support, ensure that the family’s rights are protected, handle the legal complexities, and pursue maximum compensation on behalf of the surviving family members.

When a fatal vehicle accident occurs, it is important to understand the concept of wrongful death and the legal options available to the surviving family members. If the accident meets the criteria for wrongful death, pursuing a legal claim can help provide financial support and hold the responsible party accountable. By consulting with an experienced wrongful death attorney, the family can navigate the legal process with guidance and expertise, allowing them to focus on healing and honoring the memory of their loved one.lawsuit

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Semi-Truck Crash on Highway 41 at Adams Avenue Leads to Serious Injury in Fresno County

Fatal Car Accident, Fresno County, Ca

In the ever-bustling traffic of Fresno County, CA, accidents can and do happen. But when they involve semi-trucks, the consequences can be devastating. A recent collision at the intersection of Highway 41 and Adams Avenue serves as a stern reminder of the importance of safety regulations and legal recourse for those involved in such accidents.

On July 28, 2023, the California Highway Patrol reported a severe accident involving a Chevrolet pickup truck and a Peterbilt gas tanker. The driver of the Chevrolet ran a red light at the aforementioned intersection and was struck by the semi-truck. The collision resulted in major injuries to the Chevrolet’s driver, who was subsequently hospitalized, and minor injuries to the semi-truck’s driver. The crash investigation is still underway to determine if drugs or alcohol played a role.

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From a legal perspective, this semi truck accident raises several critical questions. Running a red light is a clear traffic violation and may be considered negligence in a court of law. The investigation will likely focus on this point to determine the liability of the Chevrolet driver. The fact that the injured driver was not wearing a seatbelt may further complicate the case. In California, seatbelt laws are strict, and failure to comply might affect compensation claims.

Since a commercial truck was involved, there might be additional legal considerations. This could include inspection of the vehicle’s maintenance, driver’s hours of service, and the trucking company’s safety protocols. Victims of such accidents may seek compensation for medical expenses, lost wages, pain and suffering, and more. The exact amount will depend on the specific details of the case and how liability is determined. Insurance companies may also try to minimize payouts, making it crucial for victims to seek expert legal representation.

While legal proceedings are essential, this accident also underscores the importance of traffic safety. Drivers must adhere to speed limits, avoid distractions, and always wear seatbelts. Understanding traffic signals and being prepared to yield can make all the difference in preventing such tragic incidents.

At the Scranton Law Firm, we’ve seen firsthand the anguish and confusion that follows a serious accident, especially one involving commercial vehicles. With over 50 years of experience and having recovered more than $500,000,000 for injured clients, we are committed to helping you navigate the complex legal landscape. If you’ve been involved in this accident or a similar one, don’t let your questions and uncertainties go unanswered. Reach out to us, and allow our seasoned personal injury lawyers to offer you the support and guidance you deserve. Your recovery is our mission. Contact us today and let us put our five decades of success to work for you. Together, we’ll build a brighter future.

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Don’t navigate the aftermath of a semi-truck accident alone. Let the Scranton Law Firm stand by your side. With over 50 years of experience as personal injury lawyers, we’ve helped thousands recover from their losses. If you or a loved one are affected by such tragedy, don’t hesitate to reach out to us. Secure your rights and seek the justice you deserve. Call us now for a free consultation – The Scranton Law Firm, your trusted ally in these challenging times. Call 800-707-0707 now.

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Friday, 4 August 2023

Head-On Collision Claims Three Lives on Highway 65 Near Riosa Road, Placer County

Fatal Car Accident, Placer county, Ca

Placer County – On July 30, 2023, the community of Placer County, California, was shattered by a tragedy that unfolded on Highway 65 near Riosa Road. Three lives were lost in a devastating head-on crash that involved three vehicles. This accident has not only resulted in the loss of lives but has also raised many questions about road safety and legal implications.

According to the report from the California Highway Patrol, a 53-year-old Rocklin woman was driving a Toyota Camry southbound on SR-65 when she inexplicably crossed the double-yellow lines into the northbound lane. This led to a head-on collision with a Kia Sorrento and a Subaru Forester.

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The immediate impact killed the Toyota driver, while three occupants of the Subaru were rushed to the hospital. Two of them, a 66-year-old woman and a 62-year-old man from Marysville, were later pronounced dead. The third person in the Subaru remains in critical condition. Thankfully, the driver of the Kia suffered only moderate injuries.

This tragic accident has left the community in shock and sorrow, and many are now questioning what could have gone wrong. The authorities are investigating various potential causes, including driver error, road conditions, vehicle malfunction, and even possible medical conditions that may have led to this horrific crash.

From a legal standpoint, the complexity of head-on collisions requires meticulous investigation. In many cases, such accidents are a result of negligence, and proving this negligence can be the key to securing compensation for the victims or their families. Factors such as road design, vehicle maintenance, and driver behavior need to be analyzed carefully.

At the Scranton Law Firm, our hearts go out to the families and friends of those affected by this dreadful accident. With over 50 years of experience dealing with all kinds of accidents, including head-on collisions, we understand the profound impact such incidents can have. We have successfully recovered more than $500,000,000 for injured clients.

Our team recognizes that legal processes can be overwhelming, especially when coping with the loss or injury of a loved one. We are committed to providing compassionate and expert legal assistance tailored to the unique circumstances of each case.

If you or a loved one were involved in this accident or a similar incident, the Scranton Law Firm wants to be your beacon of hope and justice. Contact us today, and let our dedicated team stand by your side. Your tragedy is not just a case number to us; it’s a life-altering event that demands empathy, understanding, and personalized attention.

We will guide you through every step, from understanding the legal aspects of head-on collisions to navigating the complexities of personal injury claims. Reach out to the Scranton Law Firm, and let us turn your legal challenges into a pathway toward healing and recovery. We’re not just lawyers; we’re a part of your community, ready to help you rebuild your life.

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Thursday, 3 August 2023

Hit-and-Run Driver Strikes Three Child Bicyclists on Planz Road, Bakersfield

Injured Car Accident, Bakersfield, Ca

Bakersfield, CA – In a tragic incident on July 30, 2023, three juveniles riding bicycles were struck by a hit-and-run driver on Planz Road near Benton Street. The accident occurred around 9:00 p.m. and left the young cyclists with serious injuries.

According to the Bakersfield Police Department (BPD), the three children were traveling east in the two-way left turn storage lane when they were unexpectedly hit from behind by a brown or gold sedan, possibly a Kia Forte. The reckless driver chose to flee the scene without stopping to offer assistance or provide contact information, leaving the injured victims in the roadway.

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The consequences of this hit-and-run crash were devastating. Emergency responders found the bicyclists lying injured on the road and quickly transported two of them to a local hospital for medical treatment. One of the victims suffered life-threatening injuries, while the other victim fortunately sustained only minor injuries.

The incident has sparked an ongoing investigation by the Bakersfield Police Department, which is seeking any information related to the accident. If you have witnessed the collision or have any relevant details, please contact the BPD at 661-327-7111 to assist in their efforts to bring the perpetrator to justice.

As an expert personal injury lawyer, it’s essential to highlight the legal aspects and safety concerns associated with this incident. Bicycle accidents can lead to severe injuries and even fatalities due to the vulnerability of cyclists on the road. It’s crucial for both drivers and cyclists to be aware of their surroundings and exercise caution to prevent such tragedies.

From a legal standpoint, hit-and-run accidents are considered criminal offenses, and the fleeing driver can face severe penalties if caught. Leaving the scene of an accident, especially when it results in injuries, can lead to criminal charges, fines, and potential imprisonment. Additionally, the driver may be held liable for compensating the injured parties for their medical expenses, pain, and suffering.

For the injured victims and their families, seeking legal representation from an experienced personal injury lawyer becomes imperative. A skilled attorney can help navigate the complexities of the legal process, negotiate with insurance companies, and work tirelessly to obtain fair compensation for the victims’ physical, emotional, and financial losses.

If you or someone you know has been involved in a bicycle accident or hit-and-run incident, it is crucial to seek immediate legal assistance to protect your rights and pursue fair compensation. The Scranton Law Firm, with over 50 years of experience in handling all types of accidents, including hit-and-run cases, is dedicated to fighting for the rights of injured clients. With a track record of recovering more than $500,000,000 for their clients, you can trust their expertise and commitment to obtaining the best possible outcome for your case.

Remember, accidents can have life-altering consequences, but with the right legal representation, you can seek justice and rebuild your life. Don’t hesitate to reach out to the Scranton Law Firm for a free consultation to discuss your case and explore your legal options.

Together, we can work towards creating safer roads and protecting the rights of accident victims. Let’s join hands to promote responsible driving and cycling, ensuring that tragedies like this one are prevented in the future.

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Don’t navigate the aftermath of a hit and run accident alone. Let the Scranton Law Firm stand by your side. With over 50 years of experience as personal injury lawyers, we’ve helped thousands recover from their losses. If you or a loved one are affected by such tragedy, don’t hesitate to reach out to us. Secure your rights and seek the justice you deserve. Call us now for a free consultation – The Scranton Law Firm, your trusted ally in these challenging times. Call 800-707-0707 now.

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Major Two-Vehicle Crash in Sacramento County: 11 Hospitalized, 3 with Severe Injuries

Injury Car Accident, Sacramento, Ca

Sacramento, CA – On July 28, 2023, a harrowing tragedy struck the community of Sacramento County when eleven people were injured, three of them severely, in a horrifying crash on Twin Cities Road. Our thoughts are with the victims and their families as we delve into the key legal aspects of this incident from a personal injury expert’s perspective.

Around 2:30 p.m., near the northbound 5 Freeway on-ramp, a sedan broadsided an SUV, leaving both vehicles extensively damaged. Three of the victims were urgently rushed to the hospital with major injuries. In cases of major injuries in car accidents, victims may be entitled to significant compensation to cover medical expenses, loss of earnings, and pain and suffering.

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Additionally, another eight people were taken to the hospital with minor injuries or as a precautionary measure. Even though these injuries may seem minor, legal representation can be vital in ensuring fair compensation. The exact cause of the crash is yet to be determined, and a thorough investigation is underway. Establishing fault is paramount in personal injury law, as it can affect the amount of compensation injured parties may receive.

Importantly, neither drugs nor alcohol appear to be factors in the crash. However, legal proceedings may probe into other aspects, such as distracted or reckless driving.

This accident serves as a poignant reminder of the vital importance of safe driving. We must all strive to avoid distracted driving, manage speed, practice defensive driving, and not drive while intoxicated.

Amidst this painful incident, it’s comforting to know that legal help is available to those who need it. Scranton Law Firm stands out as a trusted partner in these trying times. With over 50 years of dedicated service and more than $500,000,000 recovered for injured clients, we understand that accidents like this are not just legal matters; they are personal, often life-changing events.

At Scranton Law Firm, our unique and empathetic approach focuses on your individual needs, ensuring that your rights are protected and that you receive the compensation you deserve.

If you or a loved one have been involved in this accident or have faced similar personal injury circumstances, don’t let uncertainty or fear hold you back. Reach out to Scranton Law Firm today, where your case will be handled with the personal attention and dedication it deserves.

Allow us to walk with you on the path to recovery, healing, and justice. Call us today, or fill out our simple online form. Remember, your brighter future is just a phone call away with Scranton Law Firm.

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Don’t navigate the aftermath of a multi vehicle accident alone. Let the Scranton Law Firm stand by your side. With over 50 years of experience as personal injury lawyers, we’ve helped thousands recover from their losses. If you or a loved one are affected by such tragedy, don’t hesitate to reach out to us. Secure your rights and seek the justice you deserve. Call us now for a free consultation – The Scranton Law Firm, your trusted ally in these challenging times. Call 800-707-0707 now.

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