Josh Klinghoffer, the former guitarist for rock band Red Hot Chili Peppers, was recently sued for the wrongful death of 47-year-old Israel Sanchez. According to the lawsuit and surveillance video, the guitarist was driving a large SUV when he struck and killed Mr. Sanchez, a pedestrian, as Mr. Sanchez was walking through a crosswalk. A representative for the Sanchez family has said that there is footage showing Josh Klinghoffer was distracted on his cellphone, and surveillance video seems to show his vehicle did not stop or slow down before impact.
Regardless of the legal case, this loss of life is a horrible tragedy. Additional details will undoubtedly come out in the lawsuit, and it’s important to remember that the family of Israel Sanchez has the burden of proving their allegations. But there are valuable lessons to be learned from this accident.
- Eliminate distractions while driving, especially the use of cell phones and mobile devices. We’re all tempted to check our messages after hearing the alert “ding” or to find the perfect song to be the soundtrack of our drive, but it can wait. As an attorney who represents families of those killed by the negligence of others, I can assure you I will investigate the usage of your phone and all distractions. If you cause a wreck while distracted on your cell phone, you have probably committed gross negligence and could be liable for punitive damages.
- After the impact, Josh Klinghoffer stopped and appears to have tried to render some aid. This was the correct response. Legal claims will come later but in this situation, a person was badly injured and needed immediate attention. Always take care of the immediate health and safety of the people involved in the accident.
- Accidents can happen to anyone, anywhere, at any time—no matter how safe you think you’re being. When Israel Sanchez woke up that morning, he would have never guessed he would be killed later that day by a member of the Rock ‘n Roll Hall of Fame and former member of the Red Hot Chili Peppers (and touring member of Pearl Jam, Jane’s Addition, Beck, and Iggy Pop).
- Parents, spouses, and children all have the right under Texas law to bring a claim for the wrongful death of their loved one. They can seek damages for the loss of the companionship and emotional support, loss of inheritance and financial contributions, grief, the value of the personal services provided by the deceased (such as childcare, household repairs, etc.) and funeral expenses.
- Don’t go at it alone—hire legal help. Even with this accident being captured on video, the family of Israel Sanchez knew they were going to face challenges from the insurance company and from this literal rock star defendant. They didn’t try to take them on themselves, they hired a lawyer to navigate the legal process and get them fair compensation for the loss of their loved one.
Duke Seth, PLLC – Texas Personal Injury and Wrongful Death Law Firm
Behind every wrongful death lawsuit is a family tragedy. In the aftermath of a terrible personal loss, finding a law firm that keeps the family’s best interests at heart is not always easy. But it’s important to not ignore the availability of a wrongful death lawsuit as a means to recover fair compensation for the harms that have come as a result of a family member’s untimely passing.
Duke Seth, PLLC provides personal, caring attention to each client. We can help your family understand its legal options in the wake of the loss of a loved one. For a free initial consultation, contact Duke Seth, PLLC today at (214) 466-1740.