Maison Law represents car accident victims in California. When there’s a fatal accident, it leaves you and your family facing a lot of questions. In this search for answers, one way to at least take stock of what happened is with an autopsy. But not every situation requires this process. However, sometimes your legal options can be helped with a medical examination of the accident and injuries. To learn more about what you can do legally, contact us today for a free consultation.
Does Every Fatal Car Crash Require an Autopsy?
A fatal car accident is incredibly traumatic for everyone involved. But there’s a set procedure in place to handle such an accident, if for no other reason than to figure out what happened and to give families a bit of closure with medical answers.
However, an autopsy isn’t always required when there’s a fatal car accident. In fact, it’s pretty heavily dependent on the circumstances. Normally, an autopsy is performed after a car accident if:
- Unclear cause of death – If it’s not clear whether the death was due to the accident or something else (like a health issue), an autopsy helps find the exact cause.
- Criminal activity – If there’s criminal behavior involved, like DUI or reckless driving, an autopsy might be needed for a criminal investigation.
- Insurance or legal questions – If there are questions about who is responsible or possible lawsuits, an autopsy provides important details about the cause of death and injuries.
- Multiple deaths or complications – In accidents with several deaths or complicated situations, autopsies help explain what happened and who’s at fault.
- Request of the family – Families can sometimes request an autopsy, or the coroner/medical examiner may decide it’s needed based on the situation and local laws.
If the cause of death is clear and there’s no suspicion of foul play, an autopsy may not be needed. Your family can sometimes object to an autopsy due to religious or personal beliefs, but ultimately, the decision is going to be made by the coroner or medical examiner.
What Types of Fatal Car Accidents Happen in California?
A fatal car accident is hard enough on its own, but when it requires the further step of an autopsy, it can be even more challenging. Yet, because the circumstances surrounding the accident are so important, it’s helpful to look at the causes of a typical fatal accident to better prepare yourself:
- Driving under the influence – Alcohol and drugs impair judgment and reaction times, increasing the risk of deadly accidents.
- Distracted driving – Activities like texting or talking on the phone often cause fatal collisions.
- Speeding – Driving too fast limits reaction time and makes crashes more severe.
- Reckless driving – Aggressive behaviors, such as tailgating or running red lights, can lead to deadly accidents.
- Drowsy driving – Drowsy driving is just as dangerous as driving under the influence.
- Poor road conditions – Bad roads or missing signs can contribute to fatal accidents, especially if drivers aren’t alert.
- Vehicle defects – Mechanical failures, such as brake or tire issues, can cause fatal crashes if not properly maintained.
- Inexperienced drivers – Young or inexperienced drivers may make mistakes that result in fatal accidents.
- Traffic violations – Running red lights or failing to yield can lead to serious accidents.
In California, autopsies are usually required in fatal car accidents if the cause of death is unclear or if there is a legal investigation. When it comes to your family’s options, our experienced team can guide you through the legal process following a fatal accident.
What Kind of Claim is Filed After a Fatal Car Accident?
In California, after a fatal car accident, the primary claim to file is a wrongful death claim. This allows surviving family members to recover damages caused by the responsible party, just like any other car accident. The difference is that the damages that are available don’t relate to injuries, but the losses associated with the deceased person:
- Funeral and burial expenses
- Loss of companionship or parental support
- Loss of financial support
- Loss of future earnings and benefits
- Emotional pain and suffering for the grief
In California, you have two years from the date of death to file a wrongful death claim. However, it’s important to take steps early on to protect and strengthen the claim. Call 911 for an ambulance and police response to the scene, then if you’re able, start collecting evidence and information. Once the EMTs and police confirm fatal injuries, let them do whatever they need to do with the body.
Contact Maison Law With Questions After a California Car Accident
Losing a loved one in a car accident in California is never something you want to experience, but unfortunately, it can happen with any car accident. While the physical and emotional toll can be significant, you and your family still have legal options when it comes to recovering damages and compensating you for your loss.
Maison Law’s team of experienced California car accident lawyers understand what you and your family are facing when there’s a fatal car accident. While it’s an undeniably difficult situation, we can answer your questions and guide you through legal process, helping you with important tasks like:
- Gathering evidence
- Compiling records and expenses
- Negotiating with insurance companies
- Filing a lawsuit in court, if necessary
We’ll be there to guide you and your family through the legal process and work toward results that help you move forward. Contact us today to set up a free consultation and learn more.
