Traffic Collision in San Bernardino Leads to Tragic Death
San Bernardino, CA (March 9th, 2022) – A man was tragically killed in a fatal traffic accident that happened on March 8th in San Bernardino.
The San Bernardino Police Department reported that the accident happened at about 10 p.m. on South Pepper Avenue. At this time, a Dodge Challenger was heading north on the avenue at a high rate of speed. Sharing the road with this vehicle was a Toyota Corolla, which was also traveling northbound on South Pepper Avenue.
The driver of the Toyota Corolla has been identified by authorities as 57-year-old Martin Villegas, a resident of San Bernardino.
According to the San Bernardino Police Department, the Dodge Challenger collided with the back end of the Toyota Corolla, which caused the Corolla to crash into a nearby streetlight. The Challenger ultimately came to a rest on the northbound lanes of South Pepper Avenue.
The victim, Martin Villegas, suffered life-threatening injuries as a result of the accident. Emergency medical services rushed him to a local hospital. Unfortunately, the victim was later declared dead.
It is believed that excessive speeds were a major factor in the cause of the accident. At this time, it is not known if alcohol or drugs were also contributing factors in the cause of the accident.
The San Bernardino Police Department continues investigating the accident. The department is asking anyone who may have witnessed the accident or have any other information regarding this case to contact Sergeant Jeff Harvey or Detective Dan Acosta.
In the State of California, when someone’s death was caused by the negligence or wrongful actions of another, the victim’s family members can pursue a civil claim known as a wrongful death lawsuit. Unlike criminal cases, a wrongful death claim only seeks to award the victim’s survivors with an award of monetary damages.
In California, the statute for wrongful death is somewhat vague when it comes to the type of damages the plaintiff can recover when establishing wrongful death. The law states that “just” damages could be available following the victim’s death. However, the law is clear on one thing – who has legal standing to bring a case forward.
There are several parties that may bring a wrongful death lawsuit forward. This includes the victim’s surviving spouse or domestic partner, surviving children or stepchildren, the victim’s parents, potential heirs, or dependents.
Depending on the facts of each individual case, the plaintiff may be able to recover from burial and funeral expenses, the estimated loss of the deceased’s future wages and benefits, a loss of monetary support, the loss of household services, the loss of moral support, the loss of love and affection, and the loss of the relationship.
It is worth noting that grieving family members must act quickly to bring a case forward. Wrongful death cases are subject to a strict statute of limitations, meaning, the case must be filed within a strict deadline. For the most part, cases have to be filed within two years from the date of the victim’s passing.
Proving a wrongful death case in California
To prove a wrongful death case in California, there are certain elements that must be established. These include the death of the plaintiff’s relative, which was caused by the negligence or intentional actions of another for which the plaintiff is suffering economic losses.
To establish liability in the case, it is important to first determine what parties may have contributed to the cause of the accident that led to the victim’s death. In a car accident, potentially liable parties can include the manufacturing company of the vehicle part that malfunctioned, the driver that caused the accident because of his or her reckless actions, the government agency that failed to maintain safe road conditions, the construction company that failed to maintain a safe site or the company that engineered the faulty road design.
Although there are multiple parties that can face responsibility for a wrongful death car accident, a vast majority of accidents are caused by negligent drivers. In the State of California, drivers have a legal responsibility to drive safely and responsibly. Regrettably, many drivers across the state break the law and therefore breach their duty of care to others. Fatal car accidents in the state are usually caused as a result of speeding, driving while under the influence, driving while distracted, a failure to yield the right of way to another driver, a failure to obey traffic signals, making improper turns, and driving while sleep-deprived or fatigued.
Regardless of the cause of the fatal accident, it is important to entrust the wrongful death accident case to a well-established attorney.
If you have recently lost a loved one in a tragic traffic accident, it is crucial to seek the representation of a well-versed wrongful death attorney. While no amount of monetary damages will ever replace a loved one, every grieving family deserves justice and monetary compensation to protect their financial future.
At the Law Offices of Attorney Justin H. King, the law firm is dedicated to advocating on behalf of grieving family members who lost a loved one in a negligent accident, such as a car accident, motorcycle accident, commercial truck accident, or pedestrian accident. The attorneys at the Law Offices of Attorney King understand that losing a family member can be extremely challenging and can be more difficult when the tragedy was caused as a result of the negligent or careless action of another.
When consulting with the Law Offices of Attorney Justin H. King, the firm will take the time necessary to explain what the best course of action will be. In California, wrongful death lawsuits can be particularly difficult since it may be necessary to file a claim against more than one party. While this may be difficult for families facing grief, the compassionate law firm will ensure to provide the utmost proficient representation throughout this difficult time. To learn more about what the Law Offices of Attorney Justin H. King can do for you and your family, consider scheduling a free case evaluation today.
Categories : Auto Accidents, Local News, San Bernardino
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