A person was killed Wednesday when the car they were in plunged over the 118 Freeway in Pacoima.
The accident happened about 6:34 p.m. on the San Fernando Rd. on-ramp to the westbound 118 Freeway.
According to Officer Patrick Kimball of the California Highway Patrol, after the car went off the on-ramp, it plunged 200 feet down an embankment and rolled over.
There were four occupants in the vehicle. The person killed was a 24-year-old Hispanic female. The woman, who was not wearing a seatbelt, was sitting in the rear right passenger seat. She was ejected from the car at the time of the crash. The woman, whose name has not been released, was pronounced dead at the scene of the accident.
The CHP has not released information about injuries suffered by the other three occupants of the car.
Can The Family of the Deceased Passenger Make An Injury Claim Against Their Driver?
As long as the passenger was not a relative living in the same residence as the driver, then the family of the passenger can make an injury claim against the driver's auto insurance policy. However, if the decedent was a relative of the driver and living in the same residence as the driver, then the "resident relative exclusion" in the driver's insurance policy will likely apply.
What Is The Resident-Relative Exclusion?
Many insurance carriers write exclusions in their policies which preclude a resident-relative from receiving the benefits of the insurance policy. For example, if the husband is driving the insured auto with wife or children as passengers, and runs a red light, and causes serious injury to the family member occupants, many insurance policies preclude compensation for his injured family members.
If you or a loved one has suffered injury or death as the result of a car accident or freeway accident, you should speak with a personal injury lawyer to learn about your rights.
McGee, Lerer & Associates is a personal injury law firm that specializes in serious injury and death cases. A lawyer at our firm is available 24/7 for a free consultation. We have four office locations: Los Angeles, Pasadena, Santa Monica and Long Beach.