Two drivers killed in South Oceana Drive crash
Austin Martinez, 21, and Graciela Esqueda, 64, died Tuesday, after they crashed into each other head-on.
The Oceana County Sheriff's Office said the crash happened around 2:15 p.m. on South Oceana Drive, south of West Webster Road in Grant Township.
The drivers were heading in opposite directions when they collided and were both alone in their vehicles and became trapped. Grant Township firefighters used extrication equipment to remove them. An AeroMed helicopter landed at the scene, and its crew assisted Life EMS paramedics.
South Oceana Drive reopened at 6:22 p.m. The cause of the crash remains under investigation, with crash reconstruction specialists assisting.
“Our deepest condolences go out to both families and friends of the two individuals involved,” the sheriff's office said in a statement.
Can a wrongful death claim continue if the responsible driver also died?
Yes, if the driver's wrongful conduct caused the death and would have allowed the injured person to sue had they survived. Michigan's survival law, MCL 600.2921, keeps claims from ending simply because someone dies. A claim can proceed against the responsible driver's estate.
Under Michigan's wrongful death law, MCL 600.2922, the personal representative, who acts for the deceased person's estate, must bring the lawsuit. Applicable liability insurance may still be available, depending on the policy and circumstances.
Estate procedures and the underlying claim can affect filing requirements. Michigan Legal Center's explanation of Michigan wrongful death deadlines describes why those requirements need to be reviewed before filing.
Get help from Michigan Legal Center
Michigan Legal Center: the Law Offices of Christopher J. Trainor & Associates handles fatal car crash and wrongful death claims.
If someone in your family died in a car crash, contact Michigan Legal Center to discuss whether Michigan Legal Center can help with the claim and estate requirements.
There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.