Posted on Monday, January 4th, 2016 at 12:06 am
Fans of the Fast & Furious movie franchise were devastated in November 2013 when one of its major stars, Paul Walker, lost his life in an automobile crash in Santa Clarita, California. According to reports, Walker was a passenger in a 2005 Porsche Carrera GT that was traveling at a speed of 100 mph or more when the vehicle spun out of control, hit a light pole, and hit two trees before bursting into flames. The actor and the driver both died in the collision. Walker’s family have now filed wrongful death lawsuits against Porsche.
Meadow Walker, the daughter of Paul Walker, has filed a wrongful death action against Porsche alleging, among other things, that the vehicle’s design was defective causing the wrongful death of her father. Paul Walker’s father has filed a separate wrongful death lawsuit against Porsche on behalf of the actor’s probate estate alleging the vehicle lacked vital safety features that would have prevented his son’s death including a breakaway fuel line that would have help to prevent the vehicle from bursting into flames after the collision.
Porsche Fires Back at California Wrongful Death Lawsuits
In a response to Meadow Walker’s lawsuit, Porsche alleges the vehicle was “misused and improperly maintained” and the “2005 Carrera GT was abused and altered.” Porsche is also alleging that Walker is at fault for his own death because he knowingly and willingly participated in the high-speed ride that resulted in his death.
A representative for Meadow Walker said the response by Porsche was “beyond regrettable” as it tried to avoid responsibility for the accident by deflecting blame on the victim. The representative continues to maintain that if Porsche had designed the vehicle with the proper safety features required to protect the occupants, Walker would not have died in the collision.
California’s Comparative Negligence Law and Wrongful Death Lawsuits
Porsche is attempting to avoid liability or reduce its liability by arguing Walker was at least partly at fault for the accident. If the automaker is successful in arguing Walker was partly at-fault for his own death, the family will not be able to collect the full compensation awarded for the accident.
Under California’s comparative negligence law, the family’s award will be reduced by the percentage of fault assigned to Walker. For example, if the jury assigns Walker 20% of fault, the compensation received by the family will be reduced by 20%.
In a wrongful death case, it is vital that you retain a California wrongful death attorney who has extensive experience fighting this tactic used by insurance companies and defendants. Comparative negligence theory is a very common defense used in wrongful death lawsuits to cheat the victim’s family out of the justice they deserve for the loss of their loved one.
Have You Lost a Loved One in a California Car Accident?
Contact the Sacramento wrongful death attorneys of Tiemann Law Firm to schedule a free consultation to discuss your legal rights to seek justice on behalf of your loved one and your family. If you believe that your loved one was taken from you due to the negligence or wrongful conduct of another person or party, we urge you to contact our office immediately to discuss filing a California wrongful death lawsuit.
You can contact us online, call our toll free number at (916) 999-9000, or chat with a representative on our website. You have a limited time to file a wrongful death lawsuit under California’s Wrongful Death Laws and Statutes of Limitations. Act quickly to protect your right to hold the personal responsible for your loved one’s death accountable.