Fredon, NJ - Zoey C. McClain Killed, Two Injured in Rt 94 Crash

Fredon, NJ (November 08, 2022) - A teenager was killed and two more people were injured when a deer caused a car accident on the night of Sunday, November 6th in Sussex County. 

The crash took place on Route 94  in the area of mile marker 15.1 in Fredon at about 10:25 p.m. 

33-year-old Jesse Manno, a resident of Branchville, was driving a Jeep Wrangler southbound along Route 94 when he struck a deer. The impact caused him to swerve into oncoming traffic. 

The front end of the Jeep slammed into a grassy embankment as well as a Honda Civic driven by 18-year-old Alexander W. Schwenke, a resident of Johnsonburg, with his passenger 19-year-old Zoey C. McClain, a resident of Knowlton.

Schwenke and Manno sustained moderate injuries. McClain was killed during the collision. 

The crash is still under police investigation. No additional details have been released.

We would like to offer our deepest condolences to the family of the deceased victim, Ms. Zoey C. McClain, at this time. Our thoughts are with the injured victims and their families in hopes of a full recovery.

Wrongful Deaths in New York

To prove fault in a wrongful death, the victim’s surviving relatives will need to show that four factors existed in order to successfully establish a prima facie case of negligence. Those factors are:

• Duty of Care: When someone has a duty of care, it implies that they owed the victim a fundamental level of care to assure their safety and keep them from harm. For instance, managers, property owners, and landlords have a duty to keep their property in such a way that is reasonably safe. They are expected to ensure it is free from hazards and dangers such as malfunctioning or unserviced elevators or escalators, wet floors without appropriate warning signs, and loose or incorrectly installed handrails on a staircase.  

• Violation of Duty: Showing that this duty was violated involves proving the negligent person violated the duty of care they owed to the victim. Taking into consideration the events of the accident and the understanding they had when it occurred, you will have to prove that the defendant knew or reasonably should have known that someone could be hurt or killed due to their action or inaction.  

• Cause in Fact: Proving this element means showing that the at-fault party’s violation was the immediate cause of your family member’s death. 
• Damages: Damages are the fourth element of negligence. Since the claimant sustained injury or loss that a reasonable person in the same circumstances could foresee or expect, financial remuneration might be the only type of compensation for their injuries. Damages include hospital bills, lost earnings, emotional anguish, and more.

In a civil suit, proving wrongful death does not carry the same level as the burden of proof required in a criminal case. Whereas most personal injury cases require a preponderance of the evidence, the burden of proof in criminal court is beyond a reasonable doubt, which is the highest standard of proof here in the United States. 

The wrongful death lawyers at metrolaw.com/ can be reached at any time to help bereft family members by making sure they are updated on the progress of their claim, and answering any questions they have about the legal procedures that follow the untimely loss of a loved one. 

If your family member lost their life in an accident caused by negligence, contact our personal injury attorneys in New Jersey at (800) 469-6476 to find out what legal action is right for you.

Notes: Outside sources were used in the creation of this post including news bulletins and first-hand accounts of the accident and injuries involved. As a result, the details of the accident presented have not been independently verified. If you have identified any false information in the story or would like the post to be removed, please inform us immediately, and we will correct the information or remove the post. 

Disclaimer: As a member of the local community, we at metrolaw.com/ strive to improve the overall safety and quality of life for everyone who lives in our beloved state. We are extremely saddened by these accidents but hope that through an awareness of these dangers, those in our community will take precautions to avoid these accidents. This is not a solicitation for business, and this information should not be misconstrued as medical or legal advice. We wish only the best and quickest recovery to all those involved in the accident. The photos depicted in this post are not from the actual accident scene.