Maison Law represents victims of car accidents in Ridgecrest. These accidents can have a huge impact on families and the community as a whole. During such a difficult time, you have legal options to think about. We’re here to help you explore these options and provide the support you need. Contact us for a free consultation and let us help you through this challenging period.
When Should You Hire a Lawyer?
Even with a fatal car accident in Ridgecrest, you’re not required to have a lawyer. However, there are scenarios where you really need effective legal guidance and support, and losing a loved one in a car accident is certainly one of these.
Whether you’re involved in the actual accident or not, having our team on your side can give you and your family vital guidance and support by:
- Develop a strategy tailored to your specific case.
- Help collect essential evidence.
- Explain your legal options clearly.
- Support you throughout the legal process if you choose to proceed.
Our goal is to make the legal process easier for you and your family. Dealing with a fatal car accident is challenging, but with our team’s support, we aim to make the process smoother as you navigate this tough situation.
Who’s Liable in a Fatal Car Accident in Ridgecrest?
In a normal car accident claim, the goal is to recover “damages” pertaining to your losses from the accident. But in a fatal car accident, things are a bit different. You file what’s known as a “wrongful death” claim, where you also recover damages–but they’re related to the loss of your loved one. Even with this difference, the starting point of the claim is the same: figuring out who’s legally responsible–or liable–for the accident.
In a fatal car accident, figuring out who is legally responsible depends on who was careless and caused the crash. To prove this, you need to show that:
- The person had a duty to drive safely.
- They didn’t follow this duty and were careless.
- Their carelessness led to the accident and caused the fatal injuries.
Once we prove these things, we can determine who should pay for your damages. Usually, the other driver is responsible, but it can also involve:
- Additional drivers in the accident
- Vehicle owners if the driver wasn’t the owner
- Car makers if a car defect caused the crash
- Government agencies if poor road conditions were involved
- Employers if the driver was working or using a company vehicle
- Mechanics or repair shops if bad repairs led to the accident
The key difference between a fatal car accident and a regular one is that fatal accidents have higher stakes. This makes figuring out liability very important, but it’s just as important to look at the circumstances that lead to these accidents.
What Causes Fatal Car Accidents in Ridgecrest?
Unfortunately, any car accident in Ridgecrest can potentially be fatal. Whether it’s a minor fender bender or a severe collision, several factors can lead to fatal accidents, including:
- Driving while intoxicated – Alcohol or drugs impair judgment, coordination, and reaction times, increasing the likelihood and severity of accidents.
- Distracted driving – Using phones, texting, or other things taking your focus off the road while driving can lead to deadly accidents.
- Speeding – Driving too fast reduces reaction time and makes accidents more severe.
- Recklessness – Aggressive behaviors like tailgating, weaving through traffic, or running red lights can result in fatal crashes.
- Fatigue – Driving while drowsy can be as dangerous as driving under the influence, leading to slow reactions and poor decisions.
- Road conditions – Poor road conditions, like potholes or bad signage, can contribute to accidents, especially if drivers are not attentive.
- Vehicle defects and mechanical issues – Mechanical problems, such as faulty brakes or tires, can cause serious accidents if not properly maintained.
- Inexperienced drivers – New or less experienced drivers might make fatal mistakes in complex driving situations.
- Breaking traffic laws – Violations like running red lights or failing to yield can lead to serious or fatal accidents.
Any of these factors could be the reason your family faces significant challenges after a fatal accident. There are legal steps you can take, but it’s crucial to act quickly and do the right things to set the foundation of a claim.
What Sets the Foundation of a Fatal Car Accident Claim?
Even though you or a surviving family member has the right to file a wrongful death claim after a fatal car accident, this doesn’t guarantee you’ll automatically receive damages. You need to show your losses by taking specific steps to gather important evidence and information. Here’s how to lay the foundation for your claim:
- Call 911 – Call 911 right away for the police and an ambulance. The police will manage the scene and create an official report, while the ambulance will provide medical care and document injuries.
- Get information – Collect names, contact details, driver’s license numbers, and insurance info from everyone involved. Also, get contact details from witnesses, as their statements can help your case.
- Gather important evidence and information – Take photos of the accident scene, including vehicle damage and road conditions. Keep copies of the police report, medical records, and other important documents.
- Keep records – Track all expenses related to the accident, such as medical bills and funeral costs, to show the financial impact.
- Don’t admit fault – Avoid saying you’re at fault. Let the facts and our team determine who is responsible.
By following these steps, you’ll create a solid foundation for your wrongful death claim, ensuring you have the necessary evidence and documentation. Still, it’s important to understand how the claims process works and what can be gained from it.
What Claim Do You File After a Fatal Car Accident in Ridgecrest?
A wrongful death claim is a specific type of injury claim filed when someone dies from injuries in a car accident. It differs from a typical car accident claim because only certain people–such as spouses, children, parents, heirs, or estate representatives–can file it in California.
The process for handling the claim is similar to other injury claims, starting with either an insurance claim or a court lawsuit. However, the damages in a wrongful death claim are unique:
- Funeral expenses – These pay for the costs of the funeral, burial, or cremation, including all related services and fees.
- Loss of financial support – These damages replace the income the deceased would have provided to the family.
- Loss of companionship – These provide support related to the emotional and social loss of the deceased’s presence and support.
- Emotional distress – Covers the pain and sadness felt by the surviving family members.
A car accident affects more than just you, especially if it’s fatal. But there are legal options available, and it’s important to act quickly. You only have two years after the date of death to file a wrongful death claim. The best way to handle this is by working with our experienced Ridgecrest car accident lawyers.
Contact Maison Law After a Fatal Car Accident in Ridgecrest
A fatal car accident in Ridgecrest is almost always overwhelming, but you don’t have to go through it alone. Maison Law’s Ridgecrest car accident lawyers are here to help you with the claims process and make sure you get the support you need. If you’ve lost a loved one in a car accident, contact us today for a free consultation.
