The number of fatal car accidents is rising, both in California and the nation as a whole. The underlying trends continue to get worse.
Contact the One Law Group if your loved one was wrongfully killed in a car accident. Our California wrongful death attorney is skilled in managing and litigating cases when compensation for a death in a car accident is a concern.
Causes of Car Accident Fatalities
Fatal car accidents in California are often caused by the following:
- Reckless driving
- Driving under the influence
- Distracted driving
- Drowsy driving
- Mistakes by inexperienced drivers
- A failure to follow other traffic laws, such as making an illegal turn
Reckless driving, in particular, has gotten worse during the pandemic. Drivers picked up bad habits when fewer cars were on the road and maintained these behaviors, even as cars returned to the roads.
California Attorneys Experienced in Wrongful Death Car Accident Cases
Like every personal injury case, liability in a car accident is determined by whether a driver was negligent. The legal test for determining negligence is proving that a driver acted unreasonably under the circumstances.
Once your loved one has been killed in a car accident, your first step is to contact an aggressive personal injury lawyer to handle a wrongful death case. Your lawyer will determine the responsible party for the car accident.
You can sue the following:
- The driver of another car that was involved in the accident
- The employer of the other driver, if they were on the job at the time of the accident
- The government, if they did not maintain the roadway in a reasonable condition
- The manufacturer of the car or a part, if a defect in the car itself was the reason for the accident
How to Prove Liability in a Fatal Car Accident Case
Your car accident lawyer will gather the necessary proof that you will need to persuade an insurance company or jury that someone else should be made to pay for what your family lost.
This evidence can include:
- Testimony from a witness who saw the crash
- Pictures from the scene of the accident
- Dashcam footage
- The police report (only used for an insurance claim and not a trial)
- Testimony from an accident reconstruction expert
Damages in a Car Accident Wrongful Death Lawsuit
If you can prove that someone else was responsible for the accident, your family may be entitled to significant financial compensation for your loved one’s death. A wrongful death case is intended to pay for your family’s losses that they experienced when your loved one died. In addition, the deceased person’s estate can file a survival claim that will compensate the heirs for what the accident victim endured before they died.
Wrongful death damages for the family can include:
- Lost financial assistance that the deceased person will have provided their family
- Loss of companionship provided by the deceased
- Loss of support and guidance that the family member will have given their loved ones
- Grief and trauma that the family suffer since losing a loved one under tragic circumstances
What Determines Compensation for a Car Accident Fatality
Wrongful death damages are intended to measure the value of the deceased person to their family.
The scope of these damages depends on several factors:
- The age of the deceased person at the time that they died
- What they were earning from their job and their future earnings trajectory
- Whether the deceased person had children and the age they were at the time of the accident
- The quality of the family relationships
Compensation in a wrongful death case can be considerable, given the magnitude of what your family has lost. Whether you seek compensation through an insurance claim or a lawsuit, you will be dealing with an insurance company.
Insurance companies act the same in every case. They have the duty to defend their driver. They will make it as hard as possible for you to get the money you deserve.
Your Car Accident Lawyers May Need to Apply Legal Pressure
The best thing that your family can do is hire an aggressive wrongful death attorney to fight on your behalf. Your lawyer must be unafraid to take the fight to an insurance company when they are trying to underpay you or avoid legal responsibility altogether.
In many cases, you may need to consider whether it is worth your while to take your case to trial. The lawyers at the One Law Group are unafraid to go to court if the insurance company is acting unreasonably. Sometimes, legal pressure is what it takes to get a fair shake from the insurance company. They are often afraid of jury trials because it will cost them money in expenses and because they run the risk of being in front of an upset jury.
Contact a California Wrongful Death Car Accident Lawyer Today
The lawyers at the One Law Group are the fighters that you need when the insurance company is trying to give your family trouble at the worst possible time. As soon as you hire us, we will work on behalf of your family as you seek financial compensation for your loved one’s death.
From your standpoint, the most important call that you can make is to a lawyer. To set up a time for your free initial consultation, you can send us a message online or call us at (844) 626-1529.
FAQs About Car Accident Cases With Wrongful Death
Can I afford a car accident lawyer?
Yes. It will not cost you any money out of your pocket to hire a car accident lawyer, who is only paid if you win your case.
How long will my car accident case take?
There are many variables that can affect the timing of your case, but you should be as patient as possible, knowing that your case can take some time to resolve.
Will my car accident case go to trial?
While we are not afraid to go to a jury with your case, most car accident cases will settle without the need for a trial.