Losing a loved one can be devastating under any circumstances. However, it can be even more difficult for the surviving family members when that loved one was just on the rise after a tough childhood. That is, unfortunately, the case with a 23-year-old victim of a bicycling accident.
The victim was riding her bike to her new job when she was killed in a truck accident-as she approached her workplace, two trucks crashed into one another, and one truck overturned, pinning her underneath. The San Jose Police Department is still investigating the accident.
However, the young woman's family has recently filed a wrongful death lawsuit, on behalf of the woman's 2-year-old daughter, against both truck drivers and their employers. The suit alleges that the drivers were distracted by their cellphones at the time of the accident. According to the filing, the driver of the first truck ran a red light because he was distracted; the driver of the second truck failed to see the first truck in the intersection because he was also distracted by a cellphone.
In bicycle accidents or car accidents, where someone is killed because of the actions of another, the surviving family may be able to recover damages in a wrongful death case. Where commercial vehicles are involved, such as the two trucks in this accident, several different individuals or entities may be held responsible. The individual driver behind the wheel may be liable, as well as the company that employed him, so long as he was acting within the scope of employment.
When determining the amount of damages in a wrongful death case, the courts look at the situation and circumstances of the victim at the time of the accident. Here, the young woman had recently earned her GED, after years of being shuffled through foster homes. She had just begun working at her new job to provide for her daughter.
Source: mercurynews.com, "San Jose: Bicyclist's survivors blame drivers on phones in suit over horrific fatal crash," Mark Gomez, July 3, 2013
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.