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. Contact us today for a free consultation to learn more.
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.
Who’s Liable For a Fatal Car Accident in Modesto?
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.
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.
