Maison Law helps victims and surviving family members of fatal car accidents in Santa Barbara. Facing the loss of someone you care about–or your friends and family facing the loss of you in a fatal car accident is something that nobody expects. Yet, it’s something that can happen. In this dire situation, you still have legal options. To learn more, contact us today for a free consultation.
Why Do You Need a Lawyer After a Fatal Car Accident in Santa Barbara?
Losing your life or losing a loved one is by far the worst outcome of a car accident in Santa Barbara or anywhere else. But in terms of the legal options that are available, you’re still not required to even have a lawyer if you want to file a claim.
That said, because the stakes are so high, you or your family are going to need legal help. Our team has the experience and resources you or they will need to move forward. Our Santa Barbara car accident lawyers can explain what the legal options and rights are, then guide you or your family through the actual claims process. Our overall goal, as with our other clients, is to make sure that this extremely difficult process is as easy as possible for you or your family.
What Should You Do After a Fatal Car Accident in Santa Barbara?
There’s a few things that are going to need to be done after any car accident in Santa Barbara that sets the foundation of a potential claim. Under normal circumstances, this involves taking care of injuries and getting evidence and information that you’ll need for the claim itself. In a fatal car accident, however, the steps are obviously different. But there’s still steps to take, and here’s what you should do:
- Call 911 – Immediately call 911 to report the accident to the Santa Barbara Police Department (SBPD) or county sheriff, as well as emergency services. If you have non-fatal injuries, get care from EMTs at the scene.
- Get information and evidence – Gather crucial information by collecting witness contact details, statements, and taking photos or videos of the accident scene. Additionally, obtain medical records and incident reports, as this evidence is vital for building a strong case.
- Keep a running tab of expenses – Track all expenses related to the accident, including medical bills and funeral costs if applicable, to demonstrate the financial impact on your family.
- Don’t replace or repair anything – Preserve all evidence by keeping the vehicle and any damaged property in their post-accident condition and avoiding any alterations to the accident scene.
Dealing with a fatal accident is very challenging, but following these steps carefully can help gather the information and evidence you need to support your claim and build a stronger case.
How Does the Claims Process Change After a Fatal Car Accident in Santa Barbara?
The main difference between a normal car accident and a fatal car accident, at least as it relates to the claims process, lies in the type of claim that’s filed: a wrongful death claim. This is just a different version of an injury claim that focuses on damages relating to the loss of a loved one. But another difference lies in who can actually file it. Only surviving spouses or children can file a wrongful death claim in California, but that can be extended to parents, stepchildren, or personal estate representatives if there are no spouses or children to file.
Once the claim is filed, though, the process is fairly similar to any other injury claim. Basically, you file a claim for damages against the person or party responsible for the accident. In a typical wrongful death claim after a fatal car accident, the following can be recovered:
- Funeral and burial costs – This provides costs relating to the deceased’s funeral, burial, or cremation.
- Loss of financial support – These damages are for the income the deceased would have earned for their family.
- Loss of companionship – These damages provide financial considerations for the emotional and social void left by the deceased.
- Emotional suffering – These relate to the grief and emotional pain felt by the surviving family members.
It’s crucial to file a wrongful death claim within the statute of limitations, which is two years from the date of death. If you miss this deadline, you may not be able to file the claim or recover damages.
Who’s Liable For a Fatal Car Accident in Santa Barbara?
In much the same way that a fatal car accident follows the same process once the claim is filed, it also follows the same standards when trying to figure out liability. Basically, you have to show “negligence” by showing that:
- The at-fault driver should have driven safely and avoided putting others at risk.
- They didn’t drive safely.
- Their unsafe driving caused the accident.
- The accident resulted in the loss of your loved one and other damages.
Things can get more complex if multiple parties are involved. Liability depends on what happened and what caused the accident. Potentially liable parties could include:
- Other drivers
- Passengers or pedestrians
- Car or parts manufacturers
- Santa Barbara city or county government
Again, the main difference in a fatal car accident is that the situation is more complex and the stakes are higher. It’s crucial to be prepared and understand the specifics of how these accidents happen.
What Makes Car Accidents Fatal in Santa Barbara?
There’s nothing inherent to Santa Barbara roads that make car accidents fatal. But then again, this could be viewed as making the situation even more difficult–because that means any car accident here can turn fatal under the right conditions. Even if you or a loved one survive the initial impact, injuries like those to the head, spine, or internal organs can worsen over time. Fatalities often result from the specific causes of the accident. Here are some common factors contributing to fatal car accidents in Santa Barbara:
- Speeding – High speeds reduce the driver’s ability to react to hazards and increase the severity of collisions.
- Driving while impaired – Alcohol and drugs impair judgment and coordination, making fatal accidents more likely.
- Distracted driving – Activities such as texting or using a phone take attention away from the road, heightening the risk of severe accidents.
- Reckless driving – Aggressive behaviors like tailgating or running red lights can lead to serious crashes.
- Weather conditions – Fog, rain, and other adverse weather can lower visibility and road traction, causing deadly accidents.
- Poor conditions – Issues like potholes, debris, and poorly maintained roads can lead to accidents and serious injuries.
- Defective parts – Mechanical issues, such as brake failures or tire blowouts, can result in a loss of control and fatal collisions.
Facing the reality of a fatal car accident is extremely difficult. Whether it occurs on a busy highway or during a quiet evening in Santa Barbara, knowing what to do is essential. Our team is ready to offer guidance and support.
Contact Maison Law After a Fatal Car Accident in Santa Barbara
At Maison Law, we know how tough dealing with a fatal car accident can be. We’re here to offer strong legal support and help you get the financial and legal assistance you need. For help or questions about a fatal car accident in Santa Barbara, contact us today for a free consultation.
