Robert Avila Accident; Killed in Westminster 2-Vehicle Collision

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A 77-year-old longtime crossing guard died after an early morning collision on Goldenwest Street.

Westminster, CA, June 9, 2022 — Robert Polino Avila has been identified by authorities as the deceased victim in a two-vehicle collision that occurred on June 7 in Westminster. Robert Avila, a 77-year-old local, was driving one of two vehicles that authorities say collided on Goldenwest Street’s 14500 block at 5:35 a.m. Robert Avila, who had worked for the city for many years as a crossing guard, was fatally injured in the crash. Reports indicated he was not working at the time of deadly collision. Two other people, including a passenger in Robert Avila’s car, received undisclosed injuries and were taken to UC Irvine Medical Center. No other details have been provided about the circumstances of the collision. The Westminster Police Department is requesting the help of any witnesses to the incident as the investigation continues.

We extend our deepest condolences to the friends and family of Robert Polino Avila during this very difficult time. Our thoughts also go out to the injured individuals.

When individuals are harmed or killed in traffic accidents and another party is at fault, full compensation is not always granted, despite the circumstances. Skilled legal representation from a car accident attorney is typically a must in these situations. Legal Defenders at the Law Offices of Burg and Brock has helped countless families and individuals obtain the compensation they need to deal with expenses and move on with their lives. For a police report or other information, call us today at (818) 405-9091.

Legal Defenders at the Law Offices of Burg and Brock has helped countless families and individuals obtain the compensation they need to deal with expenses and move on with their lives. For a police report or other information, call us today at (818) 405-9091.

What California law says after a car accident

Who may bring a wrongful death claim in California

When a collision results in death, California law allows specific family members to bring a wrongful death claim. The categories are defined by statute and generally include a surviving spouse or domestic partner, children, and, where there is no surviving spouse or issue, others who would be entitled to the property of the person who died. Certain dependents, including a putative spouse, stepchildren, or parents who were financially dependent, may also qualify.

A wrongful death claim compensates surviving family members for their own losses, including financial support, funeral and burial expenses, and the loss of the companionship, guidance, and society the person provided.

A separate claim, called a survival action, covers losses the person themselves sustained before death, such as medical expenses and lost earnings. California law changed here. For survival actions filed on or after January 1, 2026, damages for the decedent’s own pain, suffering, or disfigurement are no longer recoverable. Cases filed before that date are not affected, and different rules can apply in elder abuse matters.

Eligibility depends on family circumstances, filing deadlines are strict, and the damages available depend in part on when a case is filed.

Reporting requirements after a California collision

California imposes reporting duties on drivers that are separate from any insurance claim.

A report must be filed with the DMV on form SR-1 within ten days of a collision that caused any injury, any death, or more than one thousand dollars in property damage to any one person. This duty applies regardless of fault, applies even when police responded and wrote their own report, and is not satisfied by notifying an insurance company. With current repair costs, most collisions that involve a body shop meet the damage threshold.

A separate rule covers collisions causing injury or death. The driver must make a written report to the California Highway Patrol, or to the city police department where the collision happened in a city, within twenty four hours. The statute states this duty for every injury or fatal collision. In practice, where officers responded and completed a report at the scene, that report generally satisfies the agency’s need, but a driver who assumes this without confirming it is relying on practice rather than on the text of the law.

Missing the DMV deadline can lead to suspension of driving privileges, an outcome unrelated to who caused the collision.

Information for Families After a Fatal Collision

Losing a family member in a collision raises urgent legal questions, often long before anyone feels ready to ask them. These guides set out the basics, with no obligation attached.