Man Dies in Multi-Vehicle Accident on the 210-Freeway
Upland, CA (Aug. 16, 2020) – A man identified as David Jackson lost his life in a multi-vehicle accident that occurred around 2 a.m. on August 11th in Upland. The fatal accident was reported to the California Highway Patrol and officers were dispatched to the accident, which occurred on State Route 210 near Campus Ave.
Multiple vehicles were involved in the collision, including the deceased’s vehicle, a Ford Fusion. Although the cause of the accident is not yet determined, the CHP reported that upon arrival, they found the 49 year-old victim on the road, as he was ejected from his vehicle upon impact. The victim, David Jackson, was declared dead at the scene.
Losing a loved one in a fatal traffic accident will never be an easy experience. Sadly, traffic accidents continue to occur each day across the nation. According to data published by the National Highway Traffic Safety Administration, there were close to 3 million traffic accident injuries in 2018 alone. Additionally, the agency reports that there were 37 thousand deaths as a result of traffic accidents that occur across the country.
On a local level, the statistics are not much different. The California Office of Traffic Safety reports that in 2017, there were 531 fatal and non-fatal traffic accident injuries in Upland. 69 of these accidents involved alcohol consumption by a party involved and 92 cases involved speeding.
While nothing can ever bring back the life of a victim, the victim’s survivors can find solace in filing a wrongful death lawsuit against the party that caused the victim’s demise. The State of California allows certain family members the opportunity to seek compensation when the accident and death was caused as a result of another’s negligence.
Pursuant to the California Code of Civil Procedure §377.60, the victim’s domestic partner, spouse, or child will qualify to file a wrongful death lawsuit against the negligent party. When these parties are not available, the victim’s parents may bring action against the defendant. Other parties that could be considered eligible are the victim’s putative spouse, putative children, step children, or legal guardians.
Filing a wrongful death lawsuit can be a complex matter, especially if the accident involved multiple parties. A car accident that only involves two vehicles can be caused by a wide-range of factors. This can include driver error, defective auto designs, defective auto parts, poor weather conditions, and poor road conditions. When the accident involves multiple parties, identifying the responsible party will require a focused investigation.
As a result of California’s Pure Comparative Fault rule, each party involved in the auto accident will be held accountable for the percentage contributed to causing the accident. If multiple parties can be identified as negligent in causing the accident, all parties could be held responsible for the victim’s injuries.
Establishing a party’s negligence is a critical component of a successful wrongful death lawsuit. To achieve a successful case, the victim’s family, or the plaintiff, will be required to establish that the accused party, or defendant, owed the deceased a duty of care. When the accused party is another driver, this element can be easy to determine as all drivers in California are expected to drive in a reasonably safe manner.
Additionally, the plaintiff in the case will also need to establish that the defendant breached his or her duty of care. If the defendant broke a law when the accident occured, this reckless behaviour could possibly be identified as a breach.
The final two elements needed to establish a party’s negligence are causation and damages. By causation, this means that if it was not for the defendant’s reckless actions, the victim would not have suffered the injuries that led to his or her demise. The plaintiff’s damages are the financial and emotional losses accrued as a result of the untimely death.
When an auto accident results in the untimely death of a loved one, the decedent’s survivors may be able to seek compensation for losses such as the loss of relationship, the loss of the victim’s income and benefits, as well as funeral and burial costs.
If you have recently lost a loved one who perished as a result of a tragic car accident, it is important to seek the legal advice of a skilled personal injury attorney. Wrongful death cases are challenging, particularly if they involve multiple vehicles. Discuss the case with a knowledgeable attorney who can help determine the validity of the case.
The compassionate and dedicated attorneys at the Law Offices of Attorney Justin H. King are highly regarded in the field of wrongful death claims involving car accidents. For more than a decade, the proficient legal team has advocated on behalf of those seeking justice following a loved one’s unexpected passing. Consider scheduling a no-cost consultation with the Law Offices of Attorney Justin H. King to get started on your case today.