1. Home
  2.  – 
  3. Wrongful Death
  4.  – California collision raises wrongful death issues

California collision raises wrongful death issues

On Behalf of | Jan 18, 2024 | Wrongful Death |

California intersections require the utmost caution while driving. Even when one driver adheres to traffic laws and proceeds through an intersection with caution, another driver’s negligence or reckless behavior can cause a collision. Sadly, a 46-year-old motorcyclist was killed in the recent crash.

Investigators say an SUV driver failed to yield the right-of-way and struck a biker entering the intersection. The force of impact ejected the rider from his seat, and his body landed under the SUV. Police who responded to the scene took the SUV driver into custody.

DUI suspected following the California collision

California police took the SUV driver into custody for suspected operation of a motor vehicle under the influence of alcohol. When another driver’s negligence or reckless behavior causes a fatal collision, an immediate family member of the decedent has grounds for filing a wrongful death claim in civil court. A plaintiff in a wrongful death claim must prove that several elements existed at the time of the incident.

Elements that prove a wrongful death claim include a duty of care, negligence (failure to fulfill the duty of care) and damages resulting from the negligence. A California personal injury attorney can provide compassionate and strong support to a grieving family who wishes to seek financial recovery for their losses following a loved one’s death. Litigation cannot replace the loss of human life; however, court-awarded judgments may at least help alleviate the tremendous financial strain that often accompanies the sudden death of a family member, especially if he or she was the primary wage earner in the household.