Maison Law represents car accident victims in Modesto, including those that end up being fatal.

Even though it’s incredibly difficult to think about, any car accident you go through in Modesto could leave you or a family member with fatal injuries. There’s legal options in this situation, and our team at Maison Law can guide you through them.

When Do You Need a Lawyer?

If your car accident is minor, you might not need a lawyer. However, a fatal car accident is much more serious and can deeply affect you and your family, causing trauma that can last for years. In these situations, having a lawyer is crucial for navigating the legal process and aiding in recovery. At Maison Law, we are experienced in guiding families through these tough times by:

Explaining your family’s legal rights and options
Helping them gather important evidence
Negotiating with insurance companies to ensure your family receives a fair settlement.
Filing a wrongful death lawsuit and representing you in court if needed.

With our extensive experience in fatal car accident claims, we support drivers, passengers, and pedestrians in Modesto. Our goal is to simplify the process for your family, and give them the support needed to see the claim through.

What Steps Need to Be Taken After a Fatal Car Accident in Modesto?

When a car accident turns fatal in Modesto, it’s certainly tragic. However, there are still important steps to take to build a strong claim. Here’s what you should do if you survive the accident:

Report the accident to Modesto authorities – Immediately call 911 for the Modesto Police Department (MPD) or Stanislaus County Sheriff and emergency services. If there are survivors with non-fatal injuries, make sure to get care from EMTs at the scene.
Gather important Information and evidence – If there were witnesses, get their contact information, as well as statements and any relevant evidence, such as medical records, incident reports, and photos or videos of the scene.
Track your expenses and other losses – Document all expenses related to the accident, including medical and funeral costs for your loved one, to show the financial impact on your family.
Preserve your evidence – Make sure the evidence is kept intact. This means maintaining the vehicle in its post-accident condition, preserving damaged property, and not altering the accident scene.

Obviously, a fatal car accident is going to be extremely traumatic if you are a survivor. It’s normal to feel overwhelmed, and if you’re involved, you’re likely to be injured yourself. Still, it’s important to do what you can to follow these guidelines to get the information and evidence needed for a claim.

Is a Wrongful Death Claim Different Than a Normal Car Accident Claim?

Strictly speaking, a wrongful death claim is a type of injury claim that’s filed when there’s a fatality after an accident. But it’s different from a normal car accident claim in a very important way:

Only certain people (spouses, children, parents, heirs, or personal representatives of the estate) can file a wrongful death claim in California.

From there, though, the claims process plays out in much the same way. It begins by either an insurance claim out of court or a lawsuit inside the court system. However, the damages that are available are also slightly different after a fatal accident. Usually, they include:

Funeral expenses – These cover the costs for the deceased’s funeral, burial, or cremation. This includes everything from the service to the cemetery fees.
Loss of financial support – This provides financial support for the income the deceased would have earned if they had lived. This is intended to help replace the financial support the deceased provided to their family.
Loss of companionship – These relate to the emotional and social loss experienced by the family. This covers the companionship, love, and guidance that the deceased provided.
Emotional suffering – These cover the pain and grief felt by the surviving family members. This recognizes the emotional distress caused by the loss of a loved one.

Even though these damages are available, the claim has to be filed within the “statute of limitations,” which is two years from the date of death. Missing this deadline means a claim can’t be filed and these damages can’t be recovered.

How Fault is Determined in a Fatal Car Accident?

A fatal car accident may seem straightforward, but assigning liability can be a complex process. This is because the insurance of the liable party will require near indisputable evidence to back up your claim. If there is no substantial evidence, then they may outright deny compensation, or even assign blame to the decedent, leaving you no chance at recovering compensation.

This is why establishing fault is essential to recovering damages. At Maison Law, we’ll help you prove fault in your loved one’s fatal car accident by showing that the at-fault driver:

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.
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.
Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove that the other’s careless or reckless actions resulted in the loss of their loved one.
Damages: The plaintiff (you and your family) must be able to prove they suffered damages due to the loss of their loved one.

To show that the at-fault driver was careless, we will gather evidence on your family’s behalf. The typical evidence in a fatal car accident includes:

Crash reports, police reports, and witness statements
Testimony from accident scene investigators and expert witnesses
Medical evidence, as well as photos
Video and photos of the accident
The liable party’s phone records through a subpoena if distracted driving is suspected

Determining Negligence

Despite the fact that a fatal car accident is by far the worst outcome, the actual legal standard for establishing liability–which also sets the legal responsibility for paying for damages–is still negligence. This makes a fatal car accident the same as any other car accident in terms of figuring out who’s responsible. Specifically, it hinges on “negligence.” This means proving the following:

The other driver was supposed to drive safely and not put others in danger.
They failed to do this.
Their negligence directly caused the accident.
The accident led to someone’s death.

While this narrows down potential liability, it’s like any other car accident in that many people could be involved–and thus share liability:

Other drivers involved in the accident
The owner of the vehicle
Car manufacturers if a defect or part failure caused the crash
The city or state government if poor road conditions or maintenance issues were a factor
Employers if the driver was on duty or using a company vehicle
Mechanics or repair shops if faulty repairs contributed to the accident

In any car accident, there can be multiple parties at fault. However, in a fatal car accident, the stakes are much higher. That means it’s important to look at the circumstances of the accident itself.

Fatal Car Accident Lawsuits Under California Law

Under California Civil Procedures 377.30, a fatal car accident lawsuit is typically coupled with a California “survival” cause of action. Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.

It is important to know that a survival action claim is the only way to sue for punitive damages. These damages are not available under a wrongful death lawsuit. For punitive damages to be awarded in a survival action claim, the decedent’s death must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a fatal car accident would be drunk driving, road rage, or street racing.

Wrongful Death V. Survival Action

“Wrongful death” and “survival action” are two types of lawsuits that may be filed against someone who intentionally or carelessly caused the death of a loved one. The difference between the two claims is who is allowed to file.

A wrongful death claim seeks compensation for the surviving loved ones, which covers funeral expenses, loss of financial earnings, emotional support, and loss of companionship, as well as all other things the decedent would have provided.

Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs. Survival action also includes punitive damages if the death was caused by extreme recklessness or malice.

It is also important to note that representatives of the decedent’s estate and family members often overlap. So, it is possible for a family member to file a wrongful death claim and a survival action claim if both are warranted. However, these claims adhere to their requirements and statute of limitations.

Are Damages Different Between Wrongful Death & Survival Action?

While there are similarities between wrongful death and survival action, damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law. Survival actions are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. Executors ensure all assets in the will are accounted for an transfer these assist to the correct beneficiary.

The types of damages that can be claimed in a wrongful death claim include:

Loss of household services once provided by the deceased
Loss of consortium damages for a spouse or domestic partner
Loss of guidance, care, nurturing, and affection provided by the deceased
Loss of financial support provided by the deceased
Loss of inheritance caused by the wrongful death

A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:

Medical expenses
Pain and suffering the decedent suffered
Lost wages between the period they were injured and the time of their death

What Factors Influence a Fatal Car Accident Settlement?

Settlement amounts in fatal car accidents 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: if the accident was caused by a careless driver, then your settlement will most likely come from their insurance policy. 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.

These details are often revealed through legal processes. One of our experienced attorneys will guide you through each one step by step. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:

Interrogatories: written questions both parties must answer under oath
Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
Request for production of documents: all documents to back up each party’s claims must be presented to both sides
Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims

What Leads to Fatal Car Accidents in Modesto?

It’s unfortunate, but any car accident in Modesto carries the possibility of being fatal. This applies across the many different types of accidents there are, but again, there’s certain things that lead to these accidents. Fatal car accidents usually involve:

Driving under the influence – Driving under the influence of alcohol or drugs impairs judgment and slows reaction times, increasing the risk of fatal accidents.
Speeding – Driving over the speed limit along I-5 or US-99 can reduce your ability to react to sudden changes and increase the severity of crashes.
Distracted driving – Texting, talking on the phone, or adjusting the stereo can divert your attention from the road, leading to accidents.
Fatigue – Drowsy driving impairs concentration and reaction times, which can lead to potentially fatal accidents.
Vehicle defects – Mechanical failures, such as brake issues or tire blowouts, can cause crashes if vehicles are not properly maintained.
Aggressive driving – Aggressive driving behaviors, such as tailgating or weaving through traffic, are common issues that can lead to serious accidents.
Poor road conditions – In Modesto and the surrounding area, problems like potholes, inadequate signage, or poor lighting can contribute to accidents and make driving more hazardous.
Weather conditions – Rain and fog in Modesto (especially during the winter months) can make roads slippery and reduce visibility, raising the risk of fatal accidents.

Any car accident is undoubtedly difficult, and its effects often extend beyond just you. This is even more true when it’s fatal. Still, there’s legal options available, it’s crucial to act quickly to benefit from them. The best way to navigate this process is by working with our experienced Modesto car accident lawyers.

Contact Maison Law After a Fatal Car Accident in Modesto

A fatal car accident in Modesto can be overwhelming and devastating, but you don’t have to face it alone.

At Maison Law, our Modesto car accident lawyers are here to guide you through the claims process, ensuring your case is strong and you receive the support you need for recovery.

If you’ve lost a loved one in a car accident, contact us today for a free consultation.

Additional Resources

Modesto Fatal Car Accident Statistics

Modesto Fatal Car Accident Lawyer