Maison Law helps the families of victims of fatal car accidents in San Jose. A car accident in San Jose can cause serious or even fatal injuries. If this happens, you have legal options. Maison Law is here to help you understand and use these options. Contact us today for a free consultation and get the support you need during this tough time.
Do You Need a Lawyer After a Fatal Car Accident in San Jose?
You don’t have to hire a lawyer after a fatal car accident in San Jose, but it’s very important for your family’s future. These cases are complicated and stressful.
At Maison Law, we help families by:
- Explaining their rights
- Collecting evidence
- Dealing with insurance companies
- Handling wrongful death cases
Losing a loved one in a fatal car accident in San Jose might be unthinkable, but it’s unfortunately common throughout the area. Our team is here to help you or your family by making the legal process smoother and letting you focus on healing and moving forward.
How is a Fatal Car Accident Claim Different in San Jose?
When there’s a fatal car accident in San Jose, there’s still a legal process in place that allows victims to recover certain “damages” from whoever is responsible. Specifically, it’s known as a “wrongful death” claim, and although it follows much of the same procedures as a normal car accident, there are a few key differences.
Perhaps most importantly, only certain people can file a wrongful death claim under California law, including:
- Spouses
- Children
- Parents, heirs, or personal representatives of the deceased’s estate if there are no spouses or children
The process starts either with an insurance claim out of court or a lawsuit in the court system. However, the damages available are also unique and are built around the damages that come from losing a loved one, like:
- Funeral or burial expenses, covering the costs of the deceased’s funeral, burial, or cremation, including services and cemetery fees.
- Loss of financial support, which provides financial consideration for the income the deceased would have earned, helping to replace the financial support they provided to their family.
- Loss of companionship, providing financial support for the emotional and social loss of companionship, love, and guidance provided by the deceased.
- Emotional suffering, which covers the pain and grief experienced by surviving family members due to the loss.
Even though a fatal injury is the worst outcome of any car accident, you or your surviving family members still have to file the claim within California’s statute of limitations of two years from the date of death. If you miss this deadline, you can’t get any damages. More to the point, though, acting quickly is important to make sure you or your family’s rights are protected.
How Do Fatal Car Accidents Happen in San Jose?
In San Jose, like everywhere else, car accidents have the potential to be fatal. Whether you’re driving along Interstate 280 or King Road, you can find yourself involved in a serious car accident. More to the point, though, there are certain factors that are more likely to lead to a fatal accident:
- Driving under the influence – Alcohol or drugs impair judgment and slow reaction times, raising the risk of fatal crashes.
- Speeding – Excessive speed, particularly on major roads like I-280 or Highway 101, limits your ability to react to sudden changes and worsens the severity of accidents.
- Distracted driving – Activities like texting, talking on the phone, or adjusting the radio can divert your attention from the road and lead to accidents.
- Drowsy driving – Driving while drowsy affects concentration and reaction time, making accidents more likely.
- Defective parts or mechanical issues – Mechanical issues, such as brake failures or tire blowouts, can cause dangerous accidents if vehicles are not properly maintained.
- Aggressive driving – Things like tailgating or weaving through traffic increase the risk of serious accidents.
- Poor road conditions – Issues such as potholes, inadequate signage, or poor lighting in San Jose can contribute to accidents and make driving hazardous.
- Weather conditions – Rain and fog, especially during the winter, can make roads slippery and reduce visibility, increasing the chance of fatal accidents.
Accidents are always challenging, and their impact extends beyond the immediate situation. But this is even more true in a fatal car accident. So then, it becomes vital to think about your family’s legal options and who exactly is responsible.
Who Pays For Damages in a Wrongful Death Claim After a Fatal Car Accident in San Jose?
Even though a fatal car accident is a much more devastating outcome, the legal process for determining responsibility is based on the same principle as any other accident: negligence. To show negligence, the following points have to be met:
- The driver had to drive safely and not endanger others.
- They did not drive safely.
- Their unsafe driving caused the accident.
- The accident caused someone’s death.
In a fatal car accident, multiple parties might share responsibility, including:
- Other drivers involved in the accident.
- Person that owns the vehicle
- Car manufacturers, if a defect or failure in the car caused the crash.
- San Jose city government or state government, if poor road conditions or maintenance contributed to the accident.
- Employers, if the driver was working or using a company vehicle at the time.
In a fatal car accident, figuring out who is at fault involves looking at all factors and parties. This helps guide your claim and determines who will be responsible for covering your damages.
Do You Have to Strengthen a Wrongful Death Claim?
Even with liability and the right to file a wrongful death claim, you or your family members still have the legal responsibility of showing the extent of losses and damages. In simpler terms, you have to put a strong case together. This can be very difficult in a fatal car accident, just based on the severity of the situation. However, it can be done, usually by the following steps:
- Report the accident – Call 911 immediately for the San Jose Police Department, Santa Clara County Sheriff’s Office, or the California Highway Patrol. If there’s anyone with non-fatal injuries, make sure they receive care from EMTs at the scene.
- Gather pertinent information – If you’re able, start getting contact details from any witnesses, along with their statements. Also, keep relevant evidence like medical records, incident reports, and photos or videos of the scene.
- Track expenses and losses – Keep a record of all costs related to the accident, including medical and funeral expenses, to show the financial impact on your family.
- Preserve your evidence – Keep all evidence intact. This includes keeping the vehicle in its post-accident state, preserving any other damaged property, and not altering the accident scene.
Experiencing a fatal car accident is incredibly traumatic. It’s normal to feel overwhelmed, and you might be injured yourself. However, following these steps is crucial for gathering the necessary information and evidence for a claim. And remember, working with our team can give your family the guidance and support they need.
Contact Maison Law After a Fatal Car Accident in San Jose
A fatal car accident in San Jose brings about severe challenges and change. At Maison Law, we understand what you and your family are going through and want to help you explore your legal options. We’ll guide you through the claims process, strengthen your case, and help you get the support you need. If you’ve lost a loved one in an accident, contact us today for a free consultation.
