CALIFORNIA – October 30, 2020

 According to California Highway Patrol reports, an Oceanside man was driving a Ford truck when he swerved, crossed all lanes of traffic, drove down an embankment, and crashed into a tree.  He was taken to the hospital where he later succumbed to accident injuries. Surviving loved ones will need to consult with an attorney to see if accidental insurance benefits will cover funeral and burial costs.

Insurance.

When an individual is injured, or dies in a single car crash in the State of California, car accident attorneys can answer questions about how the laws will affect the replacement of property, address personal injury, and assist with accidental death benefit claims. California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against a responsible party before they file a claim against their own personal injury insurance.  There is a two year time period to file a suit after an accident. If an investigation reveals mechanical failure, the possibility of a lawsuit for wrongful death exists and experienced car accident lawyers can build a case against negligent parties after an initial determination of fault, and/or file an insurance claim if the driver had a death benefit rider on his insurance policy to address immediate death-related expenses.

Death benefit.

The accidental death benefit, as part of a car insurance policy which may not be required,  pays for death expenses if, in a covered auto accident, bodily injury causes the death of a policy holder, or a covered family member.  An experienced accident attorney can help surviving loved ones by reviewing insurance policies, and communicating with carriers to process claims when necessary.  Since California is not a no fault state, but offers personal injury protection Med Pay coverages as an option, the policy’s death benefit may cover funeral expenses.  It is always best to speak with a car accident attorney who understands insurance laws.

Damages.

Family members may be compensated after the loss of a loved one for present and future loss of earnings, medical bills, household expenses, and pain and suffering, mental anguish and loss of consortium or companionship, as well as punitive damages in certain cases.  An attorney will have to file a wrongful death legal action to access damages from negligence.

Seek legal counsel.

The recovery of damages is contingent upon California auto accident lawyers proving another individual, or entity was the cause of the injury and owed a duty of care to the victim.  A lawyer can also help communicate with insurance companies regarding accidental death benefits.  If the driver’s single car crash was caused by a malfunction to the vehicle, it is important to seek legal counsel shortly after an accident, in accordance with the California statute of limitations for accidents.  Contact the Law Offices of Jeffrey E. Estes & Associates, who can assist after a car accident results in property damage, or personal injury loss of life.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

https://www.sandiegouniontribune.com/news/public-safety/story/2020-10-30/chp-investigating-fatal-pickup-crash-off-sr-78-in-vista

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/index.cfm

https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en

https://www.dmv.ca.gov/portal/vehicle-registration/insurance

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