Car accidents can be devastating, leaving you with serious injuries and property damage. The most severe accidents can have the most catastrophic results — fatalities. If you’ve been involved in a fatal car accident, it’s more important than ever to get legal representation to help you fight for your rights and those of the person who died.
Car accident attorneys have the experience and knowledge necessary to help you get fair compensation for the serious losses you suffered. At Delfino Green & Green, our team will show you how a fatal car accident lawyer can help you get justice and potential compensation in San Francisco.
What Are Fatal Car Accidents?
Fatal car crashes are accidents that result in someone’s death. Unfortunately, these collisions occur all too often throughout the country, especially in populous states like California. They happen for a variety of reasons, but there are some leading causes.
Distracted Driving
Motor vehicle collisions are often the result of someone being distracted behind the wheel. Cell phone use is a significant problem, but there can be other distractions, too. Checking the GPS, changing radio stations, self-grooming, and even speaking with passengers can make someone a more distracted driver.
By not having their eyes or attention on the road, these drivers can easily cause car accidents.
Intoxicated Driving
Car accident attorneys often represent clients who have suffered because someone was intoxicated behind the wheel.
Using drugs or drinking alcohol affects a person’s motor skills, making them more distracted and impacting their coordination and reflexes. They will have a difficult time reacting appropriately to changes on the road and might not respond as they need to if a hazard appears.
Most people assume that as long as they are below the 0.08% blood alcohol concentration limit, they’re fine to drive. That’s not the case. Having just one drink can increase the chances of being in a motor vehicle collision.
Speeding
Another common cause of motor vehicle accidents that result in fatalities is speeding. A driver going faster than the speed limit or road conditions allow will struggle to react in time to hazards they may encounter.
Aside from having less time to react, speeding can lead to more serious crashes because of the force the vehicle will exert against anything else it collides with.
Reckless Driving
Fatal car accidents are often the result of reckless driving. When a driver operates a vehicle without regard for the safety of others, it is reckless driving. They might run red lights or stop signs, rapidly switch lanes, tailgate, and even race other vehicles in the street.
Auto accidents that occur because of reckless driving often result in serious injuries, and many become fatal car accidents.
What Is the Statute of Limitations for Car Accident Claims in California?
When filing a car accident claim, it’s important to understand that you have a limited time to do so.
In the majority of California cases, you have two years from the date of the motor vehicle collision to file a claim, though there could be exceptions. If, for example, the at-fault driver is a government worker, you would have less time to file the claim.
By California law, you also have two years to file wrongful death lawsuits. Although two years may seem like a long time, the personal injury claim process is complex, and you shouldn’t take any risks.
By hiring a fatal car accident attorney as soon as possible and beginning your claim immediately, you have a better chance of getting access to fresh evidence, including testimonies from witnesses.
Car Accident Claims
California is an at-fault state, which means that to recover losses, a car accident claim requires proving that the other driver holds some of the blame. You have to demonstrate that they behaved negligently and that behavior led to the accident.
To prove negligence, you first have to establish that the at-fault party owed you a duty of care and breached it.
Anyone operating a vehicle has a duty of care toward others sharing the road, so doing anything that puts others in danger is a breach. You then have to show that the driver’s negligence resulted in injuries for which you can be compensated.
Car crash claims are never simple because you’ll be dealing with auto insurance companies that will fight you every step of the way, but they can be particularly complex when filing a wrongful death claim.
To have the best chance to receive fair compensation and hold the at-fault driver responsible, you need to have car accident lawyers by your side.
What Is a Fair Settlement for a Car Accident?
There’s no such thing as a typical car accident. Each claim is unique, which means the outcome of a personal injury claim can vary from case to case.
To help you get the compensation you deserve, an experienced car accident attorney will look at many factors, including whether you suffered serious injuries, such as a spinal cord injury, and how they will affect your life.
Auto accidents that result in fatalities tend to mean significant settlements because of the immensity of the losses family members suffer. In this type of car accident case, you can expect to receive compensation for economic damages like medical expenses, as well as non-economic damages like pain and suffering and loss of consortium.
Your legal team will seek maximum compensation. Although that won’t bring your loved one back, compensation at least helps with the financial hardship of the loss.
The Role of a Car Accident Lawyer
Car accident lawyers are essential in personal injury cases, especially those that result in fatalities. Having legal representation means you can focus on mourning your loved one and healing instead of dealing with a wrongful death lawsuit on your own.
Investigating the Car Crash
A car accident attorney will investigate the collision and begin gathering evidence. Your team will use the police report, medical records, eyewitness statements, and any other important evidence to demonstrate how the fatal car accident occurred and why the family of the deceased deserves financial compensation.
In some instances, it may be necessary to rely on expert witnesses. If the case is complicated, such as when there are many parties involved, proving who is at fault may not be easy to do.
Your accident lawyer will hire accident reconstruction experts and other professionals to help establish liability. Most people don’t have contact with these witness types, so having a lawyer is essential.
Negotiating With Insurance Companies
Accident victims have to understand that insurance companies are not out to help them. Their goal is to protect their own interests, which means they will try to pay you as little as they can get away with. In a wrongful death lawsuit, your losses are catastrophic, so you deserve substantial car accident compensation. You can’t risk a low settlement.
Car accident lawyers will negotiate aggressively with the insurance company to get you compensation that can cover medical bills, lost wages, and all other losses. Your wrongful death lawyer will know just what evidence makes a difference in these claims and will present them in a way that paints an accurate picture of what happened.
Taking Your Lawsuit to Court
If your car accident attorney sees that the insurance company doesn’t want to cooperate or is offering a very low settlement, another option is to take the wrongful death lawsuit to court. Litigation requires serious legal experience, so you should never tackle the process on your own.
Steps to Take Following a Car Accident in San Francisco
Knowing what to do after a car accident impacts the wrongful death lawsuit you later file. Our team of San Francisco car accident lawyers offers some vital tips.
Get Medical Treatment
The first thing you need to do is seek medical treatment. People often assume that because they don’t feel immediate pain or see lots of blood, they must be fine, but that’s not always the case. Car accidents can leave you or loved ones in shock, which dulls pain.
By having a medical professional examine you or your loved one right after the collision, you can get immediate assistance. At the same time, you’ll ensure there are records of the injuries you or a loved one suffered right from the start. This is just as important in a wrongful death lawsuit as it is in a regular personal injury lawsuit.
Speak With the Police
To file wrongful death lawsuits, it’s necessary to have a police report. That means ensuring there is an officer called to the accident scene. Surviving family members can ensure this occurs if their loved one can’t advocate for them because they succumbed to their injuries.
It’s a good idea to also ask law enforcement how you can get a copy of the report so there are no delays.
Gather Evidence
If you’re well enough to do so, gather evidence from the scene. When you pursue justice for your loved one, having pictures and videos of how the cars were positioned, the damage they sustained, and even the road conditions can be vital. Although your personal injury lawyer will always seek evidence on your behalf, having pictures from right after the auto accident can make a big difference.
Speak With a Personal Injury Lawyer
In a fatal car accident case, you should reach out to a car accident attorney as soon as possible. Auto accident victims sometimes delay doing this, especially if a loved one dies in the crash, but the sooner you have legal representation, the better the chance you have of getting the help you deserve from the legal process.
Factors Affecting Car Accident Cases
The personal injury claim process is a complex one in which many factors can play a role.
Severity of the Injury
A significant factor in personal injury cases is how severe the injuries are. This will impact the damages you can claim because medical expenses will be much higher and you or a loved one may lose days or weeks of work.
Severely injured clients can also have a much lower quality of life, which is important when calculating non-economic damages.
Fatalities are the most serious consequence of a collision, so you must have an experienced car accident attorney helping you to ensure you receive financial compensation proportionate to the loss.
Liability
Whether you’re filing a wrongful death lawsuit or a personal injury claim after sustaining injuries in a San Francisco crash, you will need to demonstrate that someone else is liable.
This doesn’t mean you can’t be partly responsible for the accident. You can still recover losses if you hold some responsibility for the accident, but your compensation will be affected by your percentage of fault.
Number of Parties
Car accidents are much more complex when there are many parties involved. It can be tough to understand what led to the collision and who may be the at-fault party. The defendant’s insurance company may also try to point fingers at everyone else, so establishing the actual cause of the collision is crucial.
Legal Representation
Another factor that impacts car accident cases is whether you have a lawyer or not. If you don’t, it can be very difficult to get the compensation you deserve. You can be certain that the defendant will have an attorney on their side, and that can end with you being blamed for the collision and not receiving what is fair.
How to Handle Insurance Companies After a Car Accident
To seek compensation after a crash, accident victims have to contact insurers. That is never easy to do because saying the wrong thing can hurt your chances of getting treated fairly. One of the most important things you can do is hire a San Francisco attorney who can deal with these conversations on your behalf.
If you do have to speak with your insurer before your lawyer does, remember not to mention fault. Just give them an overview of the accident. They will investigate further, so you don’t have to go into great detail when you first contact them.
You should also avoid speaking significantly about your injuries. You can tell them you’re hurt or that a loved one died, but leave the rest for your lawyer to handle.
Schedule a Free Consultation With Delfino Green & Green Today
Being in a collision that results in a loved one’s death is life-altering. You don’t want to go through this traumatic process on your own.
At Delfino Green & Green, our team of experienced auto accident lawyers can help you seek compensation for what your loved one or you suffered. Contact us to schedule a free consultation.