At Least 1 Killed in San Jose Car Accident on Brokaw Road On-Ramp to Highway 101
San Jose, California (January 14, 2023) – The California Highway Patrol is investigating an early Saturday morning traffic collision that happened in San Jose, leaving at least one person dead.
The accident was reported at around 1 a.m. on the Brokaw Road on-ramp to northbound Highway 101.
Three vehicles, including a white Tesla and a white Ford sedan, were involved in the accident. The collision also left a wooden post, a light pole, and about 10 feet of guard rail damaged.
According to the CHP report, at least one person was killed in the accident.
Authorities did not mention the cause or manner of the pileup.
Brokaw Road on-ramp to northbound Highway 101 remained blocked as authorities investigated.
Pacific Attorney Group would like to extend its sincere condolences to the family and friends of the deceased victim. May they find comfort and strength during this difficult time.
Have you lost a loved one in a traffic accident?
The loss of a loved one is not only difficult but can also be financially devastating for surviving family members. If you or a loved one has been involved in a car accident, it’s important to speak with a qualified San Jose car accident lawyer as soon as possible. Our law firm has years of experience handling car accident cases, and we can help you navigate the legal process and fight for the compensation you deserve. Don’t wait. Contact Pacific Attorney Group today to schedule a free and confidential consultation. We will answer any legal questions you may have with no obligation. You can also request a copy of the police report on the accident. Click to call : 866-803-6502
About Wrongful Death Actions in California
Wrongful death actions are covered in detail in California Code of Civil Procedure § 377.60. According to this law, there are specific parties that may be able to take legal action for the loss of a loved one. This may include a surviving spouse, domestic partner, or child of the victim. In some cases, a parent may be able to file a wrongful death action. A case of this kind may be brought against another party for a wrongful death caused by negligence or intentional wrongdoing. Wrongful death cases can also be brought on the principle of strict liability, as in cases involving defective products.
Through a wrongful death action, a party responsible for the death of a person may be held accountable for their conduct. Because these cases are brought in civil court, the defendant (person/entity accused of causing another’s death) will not face incarceration or other criminal penalties but will typically face monetary penalties. The defendant may be required to pay financial compensation to cover:
- Medical expenses
- Pain and suffering of the decedent
- Funeral/burial expenses
- Wages the decedent would have earned in his or her lifetime
- Loss of companionship/consortium
- Loss of other support the decedent provided
- Punitive damages (to penalize the defendant)
In certain types of cases, there is a limit to the amount of compensation that can be recovered. This usually applies to emotional and non-economic damages, however, not to economic damages.
There is also a time limit, called a statute of limitations, by which a wrongful death lawsuit must be filed. In the majority of cases, a wrongful death action must be filed within two years of the decedent’s death. If medical malpractice was the alleged cause of death, the time limit is extended to three years. If the case is based on government liability of any kind, however, the statute of limitations is only six months. That is why it is important to get insight from an attorney as soon as possible before the statute of limitations runs out.