Maison Law helps families of victims of fatal car accidents in Hayward. No one ever expects to be involved in a car accident, especially one that results in a tragic loss. When fatal accidents happen in Hayward, the right legal guidance can make all the difference. If you’ve lost a loved one in a Hayward car accident and want to understand your options, contact us today for a free consultation.
Do You Need a Lawyer After a Fatal Car Accident in Hayward?
Legally, you don’t need a lawyer to file a claim after a fatal car accident in Hayward. However, building a strong case requires essential evidence and skilled legal guidance. Our experienced team can simplify the process and provide the support your family needs during this difficult time.
Over the years, we’ve helped families through this process by:
- Investigating the cause of the accident
- Establishing liability
- Collecting and presenting critical evidence
- Offering legal counsel and support
- Handling insurance claims
- Representing them in lawsuits
Losing a loved one in a fatal accident is overwhelming, and knowing where to turn can be challenging. That’s where our team comes in. We can take the burden of the legal process off of you and your family, while making sure you have what you need to move forward.
Who Pays For Damages After a Fatal Car Accident?
For as devastating as a fatal car accident is, the legal process works similarly to any other car accidents. The starting point is still figuring out who’s at-fault, and that all comes down to negligence. So, to establish fault in a fatal car accident, you have to show:
- The at-fault person or group had a duty to act in a way that avoided endangering others.
- They failed to do that.
- Their negligence caused the accident.
- The accident resulted in the loss of your loved one and other damages.
In legal terms, fault is known as “liability,” and it also establishes who has to pay for the resulting damages from the accident. In a fatal car accident, liability usually falls on:
- Other drivers involved in the crash.
- Car owners if the driver wasn’t the owner.
- Vehicle manufacturers if a defect played a role.
- Government agencies if poor road conditions contributed.
- Employers if the driver was in a company vehicle.
- Auto repair shops if faulty repairs led to the accident.
Fatal accidents come with high stakes, making it crucial to gather evidence and take the right legal steps to protect your family’s future.
What Claim Gets Filed After a Fatal Car Accident?
The major difference between a regular car accident and a fatal car accident is the kind of claim that gets filed. It’s still an injury claim, but specifically, it’s known as a “wrongful death” claim. In a wrongful death claim after a fatal car accident in Hayward, only certain people are allowed to actually file it. Depending on the circumstances, this is usually:
- Spouses
- Domestic partners
- Children
- Executors of the estate (though they have to be named in a will)
After that, the claims process follows a similar path. It starts with either an insurance claim, but typically progresses to a lawsuit. But it’s here that there’s another major difference: the damages. It typically includes:
- Funeral expenses covering the cost of burial, cremation, and service fees.
- Loss of financial support, helping to replace the income the deceased would have provided.
- Loss of companionship, providing costs associated with the loss of the love, support, and guidance the deceased would have given to their family.
- Emotional suffering for the grief and distress felt by surviving loved ones.
These damages are only available if the claim is filed within two years from the date of death. Missing this deadline means you won’t be able to recover these damages. However, even if you (or a surviving loved one) files a wrongful death claim, it still takes strong evidence and proof.
What Steps Need to Be Taken For a Strong Wrongful Death Claim After a Fatal Car Accident?
Even if you have the right to file a wrongful death claim, you still need to prove your losses. Gathering the right evidence early on can make all the difference. Here’s what to do:
- Report the accident – Call 911 immediately for an ambulance and police response. EMTs can take care of any non-fatal injuries, and can confirm the death. The HPD or CHP will also need to document the scene and write up an official report.
- Collect information – Get names, contact details, and insurance info from all involved parties and witnesses.
- Gather evidence – Take photos or videos of the accident scene, vehicle damage, and road conditions. Keep copies of the police report and medical records.
- Track expenses – Document your loved one’s medical bills, funeral costs, and other financial losses. This will make it easier to prove the financial impact of the loss.
- Be careful with statements – Don’t make statements that could be misinterpreted as accepting responsibility. Just stick to the facts of what happened if you have to talk to police or insurance providers.
Taking these steps helps build a strong case, but knowing why these accidents happen in Hayward can also be key.
What Causes Fatal Car Accidents in Hayward?
Sadly, any car accident in Hayward can turn deadly. When you realize that, many of the factors that result in a typical car accident can unfortunately lead to a fatal one. Usually, though, they happen because of:
- Drunk or drug-impaired driving – Slowed reactions and poor judgment make crashes more severe.
- Distracted driving – Texting, phone use, or other distractions increase the risk of deadly accidents.
- Speeding – Excess speed makes it harder to react and worsens crash outcomes.
- Reckless driving – Running red lights, tailgating, or weaving through traffic can be fatal.
- Fatigue – Drowsy driving slows reaction time and impairs decision-making.
- Poor road conditions – Potholes, unclear signs, and bad road maintenance can contribute to crashes.
- Vehicle defects – Malfunctions like brake or tire failures can lead to deadly accidents.
- Inexperienced drivers – Lack of experience can lead to dangerous mistakes on the road.
- Traffic violations – Ignoring stop signs, failing to yield, or making illegal turns can result in serious accidents.
When you get into a car in Hayward, you’re unfortunately at risk of being killed in a car accident. This is something nobody wants to think about–let alone go through. But when it happens, our team will be there with guidance and support.
Contact Maison Law After a Fatal Car Accident in Hayward
At Maison Law, we understand how difficult a fatal car accident is for you and your family. Our experienced Hayward car accident lawyers are here to guide you through the legal process and take the steps necessary for you and your family to move forward. If you’ve lost a loved one in a fatal Hayward car accident, contact us today for a free consultation to learn more about your options.
