Maison Law is dedicated to helping 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 relief. Our firm will guide 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.
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.
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.
