The surviving family of an engineer of the Metrolink, who died in a pickup truck-train collision at Oxnard, has filed a lawsuit for a wrongful death against the Union Pacific Railroad Co., and Metrolink. According to the report of the Los Angeles Times, Glenn Steele, a 62-year-old senior engineer of Metro Link died in the hospital on March 3, 2015, a week after the accident occurred.
According to the family, they filed a lawsuit on the ground that the accident was the direct results from the negligence of both defendants for the defective in the design of the railroad car and its operation. They sought just and equitable compensation for the death of their father and the reimbursement of medical care, burial and funeral expenses and other damages provided under the law.
The Accident Report
According to the preliminary report of the National Transportation Safety Board, which was released recently, Glenn Steele, who is the most senior engineer of Metro Link died a week later of injuries he suffered on the accident. There are 34 other individuals who were injured. The report said that a pickup truck driver is intending to turn to the street, however, unintentionally his pickup truck veered into the railroad tracks. Then, it stuck on the railroad tracks and was hit by the incoming commuter train of the Union Pacific. The collision causes 4 of the railroad cars to derail.
The complaint alleges that the defendants recklessly maintain and operate the railroad car that is not crash worthy, thereby causing grave injuries to their father and later died.
The legal basis of Wrongful Death Claims
In a claim for a wrongful death, the element of negligence should be proven in court. It is important that the plaintiff could prove that the death of the victim was the direct result of the defendant’s negligence, carelessness or recklessness. As such, should not be necessarily willful or intentional, otherwise it will constitute a criminal offense.
The claim is usually filed by either the immediate family members, such as a spouse, children, parents and siblings, of the deceased person or by the guardians. However, in some instances, a claim could be filed by a person who has a financial interest or financially dependent from the deceased person. Under the Federal Statute of California, the aggrieved party has two years to file wrongful death claims to be reckoned on the day of the death.
The Compensations and Damages
The plaintiffs are entitled under the California State Statute for a wrongful death claim on the following; medical or hospital bill and other incidental expenses; funeral or burial expenses; cost of litigation and attorney’s fees; loss of income and loss of inheritance; loss of financial support; and damages due to the loss of love and affection as well as damages for pain and sufferings.
However, the amount of compensation and damages that the court may grant under the wrongful death lawsuits, is dependent on the evidences and testimonies of the plaintiffs presented to the jury. The gathering of evidences and testimonies are very vital in the determination of the outcome of the claims. Avrek Law Firm could assist the plaintiff in the gathering of documentary evidences and material testimonies of witnesses to be presented to the court. Their long years of litigation experiences and the huge volume of cases they have handled successfully on personal injury and wrongful death cases are very advantageous to their clients in order to secure a successful claim.
How Documentary Evidences and Testimonies Are Appreciated by the Court
Avrek Law Firm and its litigation attorneys are all very knowledgeable on Rules on Evidences as well as in the latest jurisprudence concerning thereto. They acquired their deep and wide knowledge on what are documentary evidences are material and relevant to the case at hand. Likewise, they know how to present oral testimonies before the court that are material and relevant.
They know from experience and by continuous study that proving the validity of the claim in court is not through the numbers of the documents and testimonies presented, but by its materiality and relevancy to the case at hand.
Definitely, Avrek Law Firm is your reliable and dependable attorneys in town. Call now and have a free legal consultation.
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