According to KTLA news, a police pursuit in the City of Pasadena on Christmas has left two people dead. The victims, a boy 11 years old, and a woman, 26 years old, were among the five occupants of a minivan that was struck by an SUV fleeing the police. Apparently, the SUV had failed to stop at a stop sign earlier and was being chased by police when it ran through a red light at the intersection of Claremont Street and Marengo Avenue, where it struck the minivan. KTLA, citing police sources, has reported that the occupants of the minivan were family members visiting Southern California from the San Francisco area. The three surviving passengers in the minivan and all four occupants of the SUV were taken to the hospital for treatment. Since none of the occupants of the SUV would admit they were the driver at the time of the crash, all four were arrested and booked for murder.
LIABILITY FOR THE FATAL CRASH
In the case above, it might seem the City of Pasadena would have some responsibility for the collision and the damages sustained by the victims and their families. However, as a public entity, Pasadena is fairly well protected from liability because of governmental immunities. Those legal protections generally require certain policies and training be in place relative to police pursuits before they become operative. The liability of the driver and perhaps owner of the of the SUV would seem fairly easy to establish. The driver, whichever of the four occupants it was, reportedly failed to stop for a red light, a violation of California Vehicle Code Section 21453. That violation of the traffic laws should be enough to establish the driver was negligent and therefore liable for the accident. Since the occupants of the SUV have thus far refused to cooperate with police in identifying the driver at the time of the collision, the victims and their families would likely need to file suit against all of the occupants. The burden would then be shifted to these defendants to identify the driver or jointly suffer the consequences of an adverse judgment.
WRONGFUL DEATH CLAIMS
As a result of this tragic crash, two lives were cut way too short. Their families would certainly have the right to pursue wrongful death claims. The parents of the 11-year-old and the husband/children of the woman killed would be the likely plaintiffs in any such action. As a society, we exact justice collectively by way of a criminal conviction and the individual victims and their family members may seek civil justice by way of a lawsuit. In those types of cases, the families are compensated for the lost relationship with their loved ones, including the loss of financial support that would have been provided by the decedent.
When a wrongful death case is pursued, an experienced personal injury attorney can be of assistance in evaluating those claims. Often the potential recovery is dictated by the closeness of the relationship between the plaintiff and the decedent and the extent of financial support that was provided in the past and would likely have been given the future. Attorneys with experience at handling these wrongful death cases have the insight necessary to assess their value and collectibility
SOURCE: WOMAN, BOY KILLED IN PASADENA PURSUIT CRASH, KTLA News, December 26, 2012, by Kellan Connor
LIABILITY FOR THE FATAL CRASH
In the case above, it might seem the City of Pasadena would have some responsibility for the collision and the damages sustained by the victims and their families. However, as a public entity, Pasadena is fairly well protected from liability because of governmental immunities. Those legal protections generally require certain policies and training be in place relative to police pursuits before they become operative. The liability of the driver and perhaps owner of the of the SUV would seem fairly easy to establish. The driver, whichever of the four occupants it was, reportedly failed to stop for a red light, a violation of California Vehicle Code Section 21453. That violation of the traffic laws should be enough to establish the driver was negligent and therefore liable for the accident. Since the occupants of the SUV have thus far refused to cooperate with police in identifying the driver at the time of the collision, the victims and their families would likely need to file suit against all of the occupants. The burden would then be shifted to these defendants to identify the driver or jointly suffer the consequences of an adverse judgment.
WRONGFUL DEATH CLAIMS
As a result of this tragic crash, two lives were cut way too short. Their families would certainly have the right to pursue wrongful death claims. The parents of the 11-year-old and the husband/children of the woman killed would be the likely plaintiffs in any such action. As a society, we exact justice collectively by way of a criminal conviction and the individual victims and their family members may seek civil justice by way of a lawsuit. In those types of cases, the families are compensated for the lost relationship with their loved ones, including the loss of financial support that would have been provided by the decedent.
When a wrongful death case is pursued, an experienced personal injury attorney can be of assistance in evaluating those claims. Often the potential recovery is dictated by the closeness of the relationship between the plaintiff and the decedent and the extent of financial support that was provided in the past and would likely have been given the future. Attorneys with experience at handling these wrongful death cases have the insight necessary to assess their value and collectibility
SOURCE: WOMAN, BOY KILLED IN PASADENA PURSUIT CRASH, KTLA News, December 26, 2012, by Kellan Connor
No comments:
Post a Comment