Maison Law represents victims of fatal car accidents in Monterey. It’s hard to imagine, but a car accident in Monterey could result in serious or even fatal injuries for you or a loved one. In such tragic situations, you have legal options at your disposal. Our team at Maison Law is here to help you understand and go through these options. Contact us today for a free consultation and get the support you need during this difficult time.
Why Do You Need a Lawyer After a Fatal Car Accident in Monterey?
Even though it’s not technically required by law, having a lawyer after a fatal car accident in Monterey is extremely important for you and your family’s ability to move forward. These cases are very challenging, both legally and emotionally.
At Maison Law, we support families by explaining legal rights, gathering evidence, negotiating with insurance companies, and handling wrongful death lawsuits. We work with drivers, passengers, and pedestrians to make the process as straightforward as possible and make sure you receive the support you need.
How is the Claims Process Different After a Monterey Fatal Car Accident?
A wrongful death claim is a specific type of injury claim filed when someone dies due to an accident. Unlike a standard car accident claim, a wrongful death claim can only be filed by certain individuals–such as spouses, children, parents, heirs, or the personal representative of the deceased’s estate–in California.
While the claims process–whether through insurance or a lawsuit–remains similar to that of a regular accident claim, the types of damages that are available are different. Usually, they involve the following damages:
- Funeral expenses and burial costs – Costs related to the deceased’s funeral, burial, or cremation.
- Loss of financial support – Financial considerations for the income the deceased would have earned and contributed to their family.
- Loss of companionship – Damages for the emotional and social void left by the deceased’s absence.
- Emotional suffering – Financial considerations related to the grief and emotional pain experienced by the surviving family members.
It’s important to file a wrongful death claim within the “statute of limitations,” which is two years from the date of death. Missing this deadline will prevent you from filing the claim or recovering damages.
How Can You Strengthen Your Claim After a Fatal Car Accident?
After a fatal car accident in Monterey, taking the right steps can significantly strengthen your claim. Here’s what you should do if you survive the accident:
- Report the accident to authorities – Immediately contact the Monterey Police Department (MPD) or Monterey County Sheriff and call 911 for emergency services. Ensure that any survivors receive medical attention from EMTs at the scene.
- Gather evidence and information from the scene – Collect vital information such as witness contact details, witness statements, medical records, incident reports, and photos or videos of the accident scene. This evidence is crucial for building a solid case.
- Track your expenses – Document all costs related to the accident, including medical expenses and funeral costs for your loved one. This helps to illustrate the financial impact on your family.
- Preserve any evidence – Keep all evidence intact. Maintain the vehicle in its post-accident condition, preserve any damaged property, and avoid altering the accident scene.
Dealing with a fatal accident is understandably traumatic and overwhelming. However, following these steps diligently can provide the necessary information and evidence to support your claim and put together a stronger case.
How is Liability Determined in a Fatal Car Accident?
Despite the fact that a fatal car accident is by far the worst outcome, legal responsibility is assigned in the same way as any other car accident–by showing “negligence.” Obviously, this can differ from situation to situation, but the general guidelines are the same. Negligence is shown by establishing that:
- The at-fault driver should have acted safely and avoided endangering others.
- They failed to drive safely.
- Their unsafe driving caused the accident.
- The accident led to the loss of your loved one and other damages.
Where things can get complicated is when multiple parties are involved. Basically, it comes down to what happened and what caused the accident itself. So, any of the following could be liable for damages, depending on the circumstances:
- Other drivers involved in the accident.
- Car owners if the driver wasn’t the owner.
- Car or parts makers if a defect caused the accident.
- Government agencies if poor road conditions contributed.
- Employers if the driver was on duty or using a company vehicle.
- Repair shops if faulty repairs were a factor.
Again, the main difference between a fatal car accident and regular car accident is that the complexity and stakes are much higher. This means it’s vital to be prepared and understand how these accidents can happen.
What Makes Car Accidents Fatal in Monterey?
What makes a car accident so challenging is that any one of them can result in fatal injuries. What’s worse, even if you or a loved one survive the initial accident, injuries can worsen over time, especially head injuries, spinal injuries, and internal injuries. Regardless though, it’s often the underlying cause of the accident itself that results in fatalities in Monterey. Here’s a few of the more common factors that make car accidents fatal:
- Speeding – Excessive speed reduces the driver’s ability to react to hazards and increases the force of impact in a collision.
- Driving under the influence – Alcohol and drugs impair judgment, coordination, and reaction times, making fatal accidents more likely.
- Distracted driving – Activities like texting or using a phone divert attention from the road, increasing the risk of severe accidents.
- Reckless driving – Aggressive driving behaviors, such as tailgating or running red lights, can lead to catastrophic crashes.
- Weather conditions – Rain, fog, and other adverse weather conditions can reduce visibility and road traction, leading to deadly accidents.
- Poor road conditions – Potholes, road debris, and poorly maintained roads can contribute to accidents and severe injuries.
- Vehicle defects – Mechanical failures, like brake malfunctions or tire blowouts, can cause loss of control and result in fatal collisions.
It’s incredibly difficult to think about, but a fatal car accident is unfortunately something that can happen to you or your family in Monterey. Whether it happens on a weekend night on Cannery Row or during heavy travel on a holiday, you have to know what you can do. Our team will be there to guide and support you.
Contact Maison Law After a Fatal Car Accident in Monterey
At Maison Law, we understand the challenges of dealing with a fatal car accident. We provide strong legal support to help you navigate this challenging period. Our aim is to make sure you and your family receive the support and financial considerations you deserve.
For questions or help following a fatal car accident in Monterey, contact us today for a free consultation.
