Sometimes a person dies due to an accident. The accident may be simply that -- an "accident" that was unexpected and was the fault of no one. However, all too often people die in accidents that are the fault of another party. For example, a person could die in a car crash caused by a negligent driver, or a person could be the victim of medical malpractice. When a loved one dies due to the actions of another party, the victim's loved ones may want to pursue a wrongful death lawsuit. However, it is important that they do not wait too long to do so, since there is a "statute of limitations" on wrongful claims in California that limits how long a person has to pursue a wrongful death lawsuit.
Although we all expect motorists to be attentive, rested, and sober behind the wheel, the sad reality is that many of them act in dangerous ways. This puts innocent individuals at risk, including pedestrians. These individuals, who are without the safety protections afforded by vehicles, are extremely vulnerable to suffering extensive harm in these accidents, as can be seen by one recent incident.
A wrongful death lawsuit may be filed when a person dies due to the negligence, recklessness, or misconduct of another. The Defendant may be an individual or a business, depending on the circumstances. In this post, we will look at some specific examples where a wrongful death lawsuit could be filed. First, let's discuss what types of damages may be awarded in such a case.
The wrongful death of a loved one can leave a family reeling from both emotional and financial damage. Unexpected bills and burdens present extreme financial hardship. The purpose of a wrongful death lawsuit is to help ease those burdens and provide means for a family to pick up the pieces and move forward without those undue hardships.
A 56-year-old Oakland man was crossing the road at 24th Street and Broadway around 10:39 p.m. on February 22nd when he was struck by an unknown driver. The vehicle failed to stop and, to date, has not been located. The man was transported to Highland Hospital where he later died. Since the investigation is still ongoing, it is unknown at this time whether drugs or alcohol were involved.
A collision between a motorcycle and a pickup truck on a road in the rural part of Alameda County left one person dead and another person injured. Initial reports about the accident were rather sketchy on details, but the accident did result in the closure of the road, which travels parallel to Interstate 580, while law enforcement officers investigated.
A woman from the San Francisco area who had no prior criminal history was sent to prison to serve a six-year term for her role in a deadly car accident from several years ago. In both the civil and criminal court systems, it can sometimes take years or even decades to sort out the legal consequences of a car accident.
The loss of a child's life in an automobile accident is a tragedy that no Alameda family should ever have to bear. Yet, far too often, families are confronted with this reality. As we've discussed previously, a wrongful death lawsuit can provide some measure of accountability as well as protection for a family's financial stability. But, how does a judge or jury decide what amount of compensation to award for the loss of a child's life?
Criminal charges are an important way in which Alameda County holds distracted or otherwise negligent drivers accountable when their actions lead to the loss of innocent lives. However, the threshold of proof necessary to convict someone can be difficult to clear. In those cases, officials may not press charges at all.
In Alameda and across California, one of the most dangerous kinds of car accidents is a rear-end crash. People are not expecting it, so they have little chance to avoid it or brace themselves. Often, the vehicle that crashes into them is traveling at a high rate of speed or is a larger vehicle, exacerbating the damage and potential for injury. When there is a rear-end accident, those who have been injured or lost a loved one should understand all they will face after it has happened.