Tragic Head-On Collision After Entering Freeway from Wrong Way
On the early morning of Sunday, September 30th, 28-year-old G. Bravo from Los Angeles, entered the 14 Freeway from the wrong direction and crashed his silver Lexus into a white Toyota pickup. He was driving southbound in the northbound HOV lane ahead of the Toyota. Bravo sustained severe injuries as a result, and died at the scene of the accident.
The Lexus and the Toyota crashed head-on. Consequently, the Toyota’s driver, 51-year-old P. Ellyson, sustained major injuries, including numerous bone fractures involving his ribs, pelvis, legs and feet. Ellyson was also treated for internal bleeding. He remains in the Intensive Care Unit (ICU) awaiting a series of surgical operations.
The passenger of the Toyota, Ellyson’s 17-year-old daughter, received moderate injuries and was recently released from the hospital.
When the at-fault driver of a car accident passes away, who does the injured plaintiff sue? The late at-fault driver’s estate will enter probate proceedings where the decedent’s property and assets are accounted for and distributed. Tort claims against the decedent are also resolved during the probate process, whereby the probate administrator may use the decedent’s general estate to pay off debts to creditors.
The deceased at-fault driver’s car insurance will also assume liability for damages resulting from the driver’s negligence. However, the amount of the insurance company’s liability is typically limited by the terms of their policy. If the decedent’s insurance does not satisfy the entire amount of claimed damages, the plaintiff is considered to be an unsecured creditor and will be required to serve a creditor’s claim on the estate’s personal representative. The plaintiff must, therefore, “wait in line” behind higher-priority creditors. The plaintiff may only proceed with their lawsuit after their creditor’s claim is rejected.
If the deceased driver’s car insurance is sufficient to cover plaintiff’s damages, a creditor’s claim is unnecessary. The plaintiff can file a claim or lawsuit against the deceased driver’s insurance provider.
Hire an Experienced Santa Clarita Car Accident Lawyer
Car accidents can involve a broad range of unique circumstances. Certain situations, such as the death of the at-fault driver, can complicate litigation for injured plaintiffs. That is why it is important to consult an experienced Santa Clarita car accident attorney for legal advice. At the Law Office of Robert J. Kaiser, our lead attorney has over 20 years of personal injury litigation experience, including car accident injury cases.
Call (661) 441-3446 or contact us online to schedule a free consultation with our qualified car accident attorney.