Car Accidents and Wrongful Death Lawsuits in California

February 17, 2011

Car Accidents and Wrongful Death Lawsuits in California

Tragic results can follow auto accidents on California's famous freeway system. The recent death of a promising college basketball player illustrates the consequences of a careless driver. When someone dies in an accident caused by another person, the family of the victim may have a legal claim against the at-fault person in a wrongful death lawsuit.

Tragic Auto Accident

In January 2011, 18-year-old Paige Armstrong-Maltos was returning from a trip to San Diego with three friends. Armstrong-Maltos, who was 6.5 feet tall and played basketball for Irvine's Concordia University, was riding in the back seat of the car and was not wearing a seatbelt. Her mother, Pamela Martens, told the Fresno Bee that Armstrong-Maltos had probably removed her seatbelt to stretch out and get comfortable in the back seat.

According to the Orange County Register, Armstrong-Maltos was in a car traveling north on I-5 near San Juan Capistrano when the accident occurred. At high speed, the driver of the car tried to change lanes, hit another vehicle and spun out of control. The car rolled over several times before coming to rest on an embankment.

Armstrong-Maltos was thrown from the car and pronounced dead at the scene. The driver and two passengers in the car were treated and released from the hospital. Martens said that authorities told her drugs and alcohol were not factors in the crash.

California Wrongful Death

When someone dies as a result of another person's negligence, carelessness, recklessness or intentionally harmful conduct, the at-fault person may be liable for wrongful death.

In terms of car crashes, all drivers have a duty to drive with reasonable care for their and others' safety. If a person fails to drive with due care and someone dies as a result, the driver may be found negligent and held liable in a wrongful-death lawsuit. A driver may have been negligent, for example, if he or she greatly exceeded the posted speed limit.

A wrongful-death lawsuit may be initiated by the family members or legal heirs of the victim. If a judge or jury finds that the person sued is responsible for the victim's death, the victim's family members may recover damages from the at-fault person. Damages may include monetary compensation for the:
-Victim's medical costs
-Funeral and burial costs
-Loss of expected future income
-Loss of services, consortium, care and comfort

Certain restrictions limit the amount of time a family has to file a wrongful-death lawsuit, so if you have lost a loved one in an accident, promptly contact awrongful deathattorney to discuss any legal claims you may have.

Article provided by The Huver Law Firm
Visit us at http://www.sandiego-accidentattorney.com