Maison Law represents anyone that’s been hurt in a car accident in Long Beach. If your loved one has been involved in a fatal car accident, we know it can be incredibly hard emotionally and financially. Our team at Maison Law can help you. Contact us today for a free consultation to explore your legal options and how we can support you.
Why Do You Need a Lawyer After a Fatal Car Accident in Long Beach?
Losing a loved one in a fatal car accident is incredibly traumatic and can leave families feeling lost. In Long Beach and throughout California, there are legal options you or surviving family members have, but it’s still not a legal requirement to have a lawyer.
At the same time, because these types of accidents are so impactful, it’s very important to have experienced guidance and support to make sure you get what’s available to you. This is where our team can step in and offer that legal guidance by:
- Gathering evidence and presenting it
- Explaining your legal rights and options as a surviving family member
- Negotiating with insurance companies and lawyers
You obviously never want to go through a fatal car accident. Yet, this is unfortunately common in Long Beach car accidents, and the starting point is usually figuring out who’s responsible for the accident itself.
Who’s Responsible When There’s a Fatal Car Accident in Long Beach?
A death is by far the worst outcome that can happen in a Long Beach car accident. But in legal terms, assigning responsibility for this is no different than any other car accident: it rests on establishing negligence.
In the context of a fatal car accident, this means showing that:
- The person at fault should have driven safely and not put others in danger.
- They didn’t drive safely.
- Their poor driving caused the accident.
- This accident led to the loss of your loved one and other damages.
To figure out who is legally responsible for these accidents, it depends on the circumstances. Usually, though, it’s going to fall on one or multiple of the following:
- Other drivers involved in the crash
- Car owners if the driver wasn’t the owner
- Car manufacturers if a defect caused the crash
- Government agencies if bad road conditions played a role
- Employers if the driver was working or using a company vehicle
- Auto repair shops if faulty repairs led to the accident
Obviously, there’s a lot of potentially liable parties in any car accident. But when it’s a fatal car accident, everything is magnified. This includes the legal process, where putting together a strong claim is vital for your family’s recovery.
What Claims Options Do You Have After a Fatal Car Accident in Long Beach?
Legally speaking, you (or your surviving family members) have certain legal options for filing a claim after a fatal car accident in Long Beach. This differs from a regular car accident in that it’s not a straightforward injury claim. Rather, it typically unfolds in a:
- Wrongful death claim
Whichever option is best depends on the circumstances of the accident, but is usually achieved by filing a lawsuit (or an insurance claim out of court depending on if there’s a policy in place.)
Further, in California, only certain people can actually file a wrongful death claim:
- Surviving spouses
- Surviving children
- Parents, siblings, stepchildren, common law partners, or personal representatives if there’s no surviving spouses or children
With that taken care of, the claims process makes certain “damages” available in these claims, like the:
- Financial support and contributions the deceased would have provided to their family.
- Costs relating to the loss of the close personal relationship and friendship the deceased had with their family.
- Emotional distress and physical pain and suffering resulting from the death.
- Guidance, support, and counsel a parent would have provided to their child if still living.
- Income and benefits the deceased would have earned from their job or career.
- Projected earnings the deceased would have accumulated over their lifetime.
- Medical and funeral expenses incurred by the family or estate.
- Punitive damages awarded in certain cases to penalize the responsible party.
Every situation is different, but a fatal car accident brings significant losses to surviving family members and others. That’s why the law makes these damages available in these types of claims. But like any claim, you or your family are going to have to show these losses in a claim. Also, you still only have two years from the date of death to file the claim and recover damages at all.
How Do You Strengthen a Claim After a Fatal Car Accident?
In the case of a wrongful death claim resulting from a fatal car accident in Long Beach, the steps differ from those in a typical car accident. Obviously, the steps that need to be taken don’t necessarily apply when the accident is fatal. Still, there’s vital information and evidence that needs to be put together to strengthen a potential claim. Here’s what you can do if you’re in this situation:
- Report the accident to police – Immediately call the Long Beach Police Department (LBPD) or LA County Sheriff and emergency services to the scene. An ambulance can also be called to take care of any victims with non-fatal injuries.
- Gather evidence and information – Gather witness statements and any pertinent evidence related to the accident. This usually involves getting medical records, incident reports, and pictures and/or videos.
- Track expenses – Keep detailed records of all expenses related to the accident, such as medical and funeral costs. This documentation will show the financial impact on your family.
- Preserve evidence – Make sure that any evidence is maintained in its original state. This might include keeping the vehicle in its post-accident condition, preserving damaged property, and avoiding making changes to the scene.
While these steps may vary based on the specific circumstances, prioritizing the collection of information and effective presentation of your claim is crucial, especially when dealing with fatal injuries. Our team can assist you and your family throughout this process.
What Causes Fatal Car Accidents in Long Beach?
In Long Beach (and elsewhere), any car accident can be fatal. This is one of the most difficult and scarier parts of being in an accident situation. These causes are not only varied but also quite common in Long Beach. Key factors contributing to fatal car accidents in the area include:
- Speeding – Going too fast makes it harder for drivers to react to road changes and increases the chance of losing control.
- Distracted driving – Using a phone, texting, or adjusting the radio while driving can lead to fatal accidents because drivers may miss hazards or react too slowly.
- Impaired driving – Driving under the influence of drugs or alcohol slows down reaction times and increases the risk of making dangerous mistakes.
- Poor road design – Badly designed roads, like those with poor maintenance, low lighting, or unclear signs, can lead to more severe and frequent accidents.
It’s really not surprising that these actions lead to fatal car accidents. But it’s also important to understand that they are especially common in certain areas of Long Beach, particularly along the 405 or Pacific Highway. Moreover, certain times of year where impaired or reckless driving is more prevalent, like holidays, also leads to fatal car accidents.
Support For Victims of Fatal Car Accidents in Long Beach
At Maison Law, we know how hard it is to deal with a fatal car accident. We offer effective legal support to guide you through this tough time. Our goal is to make sure you or your surviving family members get the support and benefits you deserve.
If you have questions or need help after a fatal car accident in Long Beach, contact us today for a free consultation.
