Maison Law is dedicated to helping the families of car accident victims in Bakersfield. Losing a loved one in a car accident is incredibly difficult. While nothing can undo the loss, there is a legal process in place that’s meant to provide some financial relief for close relatives who were dependent on the deceased. Our firm guides you through this process, helping you and your family move forward. Contact us today for a free consultation to get started.

Why You Need a Lawyer After a Fatal Car Accident in Bakersfield

After a fatal car accident in Bakersfield, the situation can feel overwhelming. Although hiring a lawyer isn’t required, navigating the legal process while dealing with such a loss can be challenging. That’s where we come in.

We take on the burden of:

Investigating the accident
Determining who is responsible
Guiding you or your family through the legal steps

Whether it’s negotiating with insurance companies or filing wrongful death lawsuits, we’re here to support you every step of the way. For many of these accidents, the process starts in the immediate aftermath.

What Do You Need to Do After a Fatal Car Accident in Bakersfield?

No matter what type of car accident you’re in, it can be fatal. These aren’t unique to just Bakersfield, and while every situation is different, there’s things that have to be done in the immediate aftermath of the accident that sets up a potential claim. Usually, this involves:

Calling 911 for medical and police help – Your first step should be to call 911. This brings medical help to the scene quickly and also makes sure the police are there to start an official investigation into the accident. If you’ve survived the accident, let EMTs stabilize you. The police can also help you gather insurance and any other key information from anyone else involved.
Gathering evidence and information – Collecting evidence right after the accident is key to building a strong claim. This includes getting contact information from witnesses, insurance details from other drivers, and noting important details like road conditions or traffic signals. This information will help our legal team prove who was responsible for the accident.
Documenting the scene to show what happened – Taking photos or videos of the accident scene is crucial. Make sure to document any damage to the vehicles, skid marks, and anything else that shows what happened. This visual evidence will be important in showing how the accident happened and support your claim.
Keeping track of expenses – Keep a detailed record of all expenses related to the accident, including medical bills, funeral costs, and vehicle damage. If the person who died was a primary earner, track lost income as well. These records will help put an accurate valuation on your claim.

Obviously, some of these steps won’t be able to be taken right away–or at all if you have serious or fatal injuries. That’s where our team can step in, helping you or your family get the information needed for a solid claim.

To learn more about the tragic toll car accidents take on the Bakersfield community, you can visit our Bakersfield Fatal Car Accident Statistics page.

Who’s Responsible After a Fatal Car Accident in Bakersfield?

While it’s hard to imagine you or a loved one experiencing a fatal injury in a car accident, once it happens, you or your surviving family members have to start thinking about your legal options. And the starting point is the same as an injury claim: figuring out who’s responsible. This means proving negligence by showing that:

The at-fault driver or party failed in their duty to keep you and others safe, leading to the fatal accident.

While the legal standard for proving negligence is straightforward, real-world situations are usually much more complicated. Depending on the circumstances, any of the following could be held liable for damages in a claim:

Other drivers involved in the accident
Car owners who weren’t driving at the time
Car or parts manufacturers if a defect caused the crash
Bakersfield government agencies if poor road conditions contributed to the accident

In fatal car accidents, the stakes are incredibly high, making it vital to understand the legal process and how it affects your family’s recovery.

What’s the Claims Process Like After a Fatal Car Accident in Bakersfield?

If a fatal car accident happens in Bakersfield, your family has legal options, but the process is different because it involves filing a “wrongful death” claim. The main difference, at least initially, is that only certain people can file a wrongful death claim:

Surviving spouses
Surviving children

If there are no surviving spouses or children, other family members like parents, siblings, or step-family members can file. If there’s a will naming a personal representative of the estate, they can also file.

Once the claim is filed, it proceeds in much the same way as any other claim with one other major difference. The damages that are available aren’t built around injuries, but the losses related to the deceased person. Usually, this means the following damages are available:

Financial support the deceased would have provided
Loss of companionship and friendship
Emotional distress from the loss
Parental guidance and support that would have been given to children
Loss of income or benefits
Projected lifetime earnings
Medical and funeral expenses
Punitive damages in some cases

Every accident is unique, but the losses from a fatal accident are pretty huge. While money can’t replace your loved one, it helps address the financial and emotional challenges you or your family face. That’s why it’s crucial to act within California’s two-year statute of limitations. If you miss this deadline, you can’t recover damages, no matter how strong your claim is.

What Leads to Fatal Car Accidents in Bakersfield?

Unfortunately, any car accident in Bakersfield has the potential to be fatal. While there are certain types of accidents that are more likely to be fatal than others, the unique nature of every car accident means that even a seemingly minor collision can lead to fatal injuries. With that said, there are certain factors in Bakersfield that often lead to fatal car accidents:

Driving under the influence – Alcohol or drugs impair judgment and slow reaction times, making fatal accidents more likely.
Speeding – Going over the speed limit on I-5 or US-99 reduces your ability to react quickly and increases the severity of crashes.
Distracted driving – Activities like texting, talking on the phone, or adjusting the stereo take your attention off the road, leading to accidents.
Fatigue – Drowsy driving impairs concentration and reaction times, which can result in deadly accidents.
Vehicle issues – Mechanical issues, such as brake failures or tire blowouts, can cause crashes if a vehicle isn’t properly maintained.
Aggressive driving – Certain things like tailgating or weaving through traffic are dangerous and can lead to serious accidents.
Poor road conditions – Problems like potholes, inadequate signage, or poor lighting in Bakersfield and nearby areas make driving more hazardous.
Weather conditions – Rain and fog, especially during the winter, can make roads slippery and reduce visibility, increasing the risk of fatal accidents.

While any car accident is challenging, the impact is far greater when it’s fatal. There are legal options available, but it’s important to act quickly to take advantage of them. Working with our experienced Bakersfield car accident lawyers is the best way to navigate this difficult process.

Requesting Fatal Accident Reports and Coroner Documents

After having a loved one taken from you in a traffic accident, you may need to retrieve important documents for a wrongful death case. Remember that if you turn your case over to a skilled attorney, your lawyer will be securing much of this evidence and documentation for your family.

However, if you need to secure these documents on your own, here is some information that will help:

Visit our page on how to get an Accident Report from Bakersfield Police
Instructions for obtaining a coroner report from the Kern County Coroner

Settling Affairs and Seeking Mental Health Support After a Fatal Accident

Beyond seeking justice for a tragic accident, there will also be affairs to settle for the deceased and the family. The National Institute on Aging (NIA) provides a checklist and resources for families who have lost someone. This information can be especially helpful after a sudden fatality when family members have had no opportunity to plan for an end-of-life process.

There will be matters to arrange with the Social Security Administration and with creditors after someone’s passing.

With so much having to be accomplished during such a difficult period, family members can struggle with the bereavement process.

The loss of love and care that relatives relied on, perhaps someone they saw every day, can be extremely hard. There’s help available for relatives trying to cope with the grief of losing someone.

These are just a few of the options available for those in mourning:

National Mental Health Hotline – A national resource anyone can reach out to at any time of the day or night. Trained operators can link people with help in the Kern County area.
The Dinner Table – A national resource that connects groups of young adults in mourning. Members from age 21 to 45 can meet with others experiencing grief in person or online.
Hoffmann Hospice Programs – Grief support Groups that meet on Zoom calls and in person at 4325 Buena Vista Blvd, Bldg. B. in Bakersfield.
GriefShare – groups meet at several Bakersfield churches each month.

Other local churches host their own grief counseling sessions for those who have lost a loved one.

Frequently Asked Questions

Can my family receive wrongful death benefits if a loved one was found partially to blame for a deadly accident?

Yes. California follows the rule of comparative negligence. It means that the victim of a fatality and the other driver can share the blame for what happened. A victim’s family can earn benefits as long as the loved one killed in the accident isn’t found 100% at fault. If the other driver bears any percentage of blame, the family left behind can still seek damages. Those damages would be reduced by whatever percentage of blame the victim was found responsible for, but families would still be in line to receive substantial support.

What if my family can’t afford to pay a Wrongful Death Attorney?

Your family can afford the protection of a Maison Law Legal Representative. We don’t charge any upfront fees. Then, we only get paid if we win the case for the family. But if we win, Maison Law is paid out of the settlement or judgment a family receives, not out of their savings.

How long can my family wait to file a wrongful death claim?

California generally allows families to wait up to two years to file a lawsuit over an accidental death. But families shouldn’t wait years to file. Waiting too long can mean evidence in the case becomes harder to find. Surveillance video capturing the accident may get erased, and eyewitnesses may move away and become more difficult to track down.

Contact Maison Law After a Fatal Car Accident in Bakersfield

A fatal car accident is always overwhelming and devastating, no matter what the circumstances are. At Maison Law, our Bakersfield car accident lawyers are here to guide you through the claims process, making sure your case is strong and you or your family receives the support needed for healing. If you’ve lost a loved one in a car accident, contact us today for a free consultation.

Bakersfield Fatal Car Accident Lawyer