Hollister Fatal Car Accident Lawyer

Maison Law represents the families of fatal car accident victims in Hollister. If you’ve suffered the untimely loss of a loved one in a fatal car accident due to the careless driving of another, the Fatal Car Accident Lawyers at Maison Law are here to provide you and your family with the legal expertise needed to receive financial security for your loss.

Contact us today for a cost-free, confidential consultation.

Do I Need a Lawyer for a Fatal Car Accident in Hollister?

It is recommended to seek legal counsel after the sudden loss of a loved one to a fatal car accident. Having a lawyer on your side can have many benefits. One in particular, is they will file a wrongful death lawsuit against the liable parties to ensure they’re held accountable for damage inflicted on others.

A wrongful death settlement or verdict typically covers damages endured by the decedent leading up to their death and encompasses damages sustained by the deceased’s family after losing an integral part of their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. Wrongful death damages include:

• Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
• Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
• Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
• Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
• Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
• Loss of consortium: this covers the loss of love and companionship you and your family have lost

Proving Wrongful Death in a Hollister Fatal Car Accident

When dealing with a wrongful death scenario, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law.

The following are four elements of evidence necessary to prove fault in a fatal car accident case:

1. Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. In a fatal car accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

In the case of a fatal car accident, the careless, or reckless, act could be several things. On the road, the most common causes of fatal car accidents include:

• Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
• Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal car accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
• Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
• Driving under the influence (DUI): this action is one of the leading causes of fatal motorcycle accidents in California. According to Hollister.gov, the city of Hollister averages over 30 DUIs per year.

Who Can Bring a Wrongful Death Lawsuit in a Fatal Car Accident in Hollister?

Typically, the right to file a wrongful death lawsuit is reserved for immediate family members because they are the ones most affected by the loss. However, in California, several other people are allowed to file suit, according to the Code of Civil Procedure, section 377.60. The eligible members include:

• Surviving spouses
• Domestic partners
• Children
• Grandchildren (only if the deceased person’s children have also passed away
• Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
• Dependent minor living in the household
• The next of kin
• Anyone entitled to the deceased’s property under intestate succession law

However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they become entitled to compensation.

What is the Typical Compensation for a Fatal Car Accident in Hollister?

It is difficult to assign a dollar amount to the grief and trauma experienced by the surviving family members of a fatal truck accident. However, the severity of your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety) will give you an idea of what you can expect:

• The financial support received from the decedent
• Loss of income the decedent would have continued to earn
• Funeral and burial expenses
• Loss of benefits the family would have received from the decedent
• Loss of consortium
• Mental trauma and anguish associated with the loss of a loved one

What Factors Influence a Fatal Car Accident Settlement?

Settlement amounts in California vary based on a number of factors, but the main determining factor is the degree of fault by the “at-fault” party. The settlement is also dependent upon the details of your case. These details include:

• The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
• Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
• Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.

Contact a Car Truck Accident Lawyer in Hollister

If you’ve lost a loved one due to a fatal car accident in Hollister, the Wrongful Death Attorneys at Maison Law are here to help you receive the financial security you deserve.

Contact Maison Law today for a no-cost, confidential consultation. Our firm would love to offer you our support and help you get your life back on track.