Maison Law helps the families of victims of fatal car accidents in Tulare. By far the worst outcome of a car accident, fatal injuries mean huge life changes for you or your family. But there’s still a legal process in place that can help things along. Our Tulare car accident lawyers can guide you through this process. Contact us today for a free consultation to get the process started.
Should You Get a Lawyer After a Fatal Car Accident in Tulare?
With such high stakes, getting a lawyer after a fatal car accident in Tulare is important. Even though you’re not required to get one, simply trying to make your way through the legal process while also dealing with the loss of a loved one (or your loved ones dealing with your loss) requires a certain level of experience and support.
That’s where our team at Maison Law comes in. We investigate the cause of the accident, figure out who’s responsible, then help you or your surviving family members through the legal process by negotiating with insurance companies or filing wrongful death lawsuits on your behalf.
Losing a loved one in a fatal car accident is very hard. Our team is here to guide you through the claims process so you can focus on your family during this tough time.
Who Pays for Damages in a Fatal Car Accident Claim in Tulare?
Given all the car accidents in Tulare, it’s tough to consider that you or a loved one could experience fatal injuries. At the same time, though, there’s important parts of the legal process when one of these accidents happen. First and foremost, you or your surviving family members need to figure out who pays for the “damages” from the accident.
Legally, figuring out who pays for damages involves proving negligence, just like in other car accident claims. This means showing that the driver or party at-fault violated their duty to keep you or others safe, causing the fatal accident.
While this takes care of the legal standard, things aren’t always as straightforward in the real world. Thus, any of the following can be liable for your damages depending on the circumstances:
- Other drivers in the accident
- Car owners if they weren’t driving
- Car or parts makers if a defect caused the crash
- Tulare government agencies if bad road conditions contributed to the accident
- Employers if the driver was in a company vehicle or on the clock at the time
In fatal car accidents, the stakes are higher, making the legal process even more important for your family’s recovery. But there’s still a claims process in place and you need to understand it.
What Claim Do You File After a Fatal Car Accident in Tulare?
The main difference between a fatal car accident and a regular car accident, at least in terms of the claims process, is that it requires filing a “wrongful death” claim. This is a claim that you or your surviving family members can file to recover certain “damages” from the responsible party.
Like other claims, a wrongful death claim can be filed through either an insurance claim out of court, or through a lawsuit in civil court. Once the claim is filed, the following damages can be recovered:
- Loss of financial support – This covers the money the deceased would have provided to their family.
- Loss of companionship -These damages provide financial considerations for the emotional and social loss of the deceased.
- Emotional distress and pain – These damages cover support for the emotional pain caused by the loss.
- Loss of parental support – These provide financial considerations for the guidance and support the deceased would have given their children.
- Loss of future earnings – This covers any salary and benefits the deceased would have earned in the future.
- Medical and funeral expenses – These damages relate to any medical care and funeral expenses covered by the family.
In California, you have two years from the date of death to file a wrongful death claim. But remember, whenever there’s a claim that’s filed, it requires that steps be taken to protect and strengthen it–even after a fatal car accident.
How to Strengthen Your Family’s Wrongful Death Claim in Tulare
Having the right to file a wrongful death claim after a fatal car accident doesn’t guarantee you will receive damages. You need to prove your losses, which requires gathering important evidence and information. Here’s how to strengthen your claim:
- Call 911 – Immediately call 911 so the Tulare Police Department or sheriff’s office can come and manage the scene. Also ask for an ambulance and let them know how serious the situation is. Make sure anyone injured gets medical attention to document the injuries and link them to the accident.
- Collect information – Gather names, contact details, driver’s license numbers, and insurance information from everyone involved. Also, get contact details from witnesses, as their statements can support your claim.
- Gather evidence – If it’s safe and you’re able to do so, take photos and videos of the accident scene, including vehicle damage and road conditions. Keep copies of the police report, medical records, and any other relevant documents, as these are crucial for building a strong case.
- Keep records of expenses – Document all related expenses, such as medical bills and funeral costs, to show the financial impact of the accident.
- Don’t admit fault – Don’t admit fault or make statements that could be seen as accepting liability.
Following these steps ensures you have the necessary evidence and documentation for a strong wrongful death claim. It’s also important to understand what factors contribute to fatal car accidents in Tulare.
What Causes Fatal Car Accidents in Tulare?
The unfortunate reality is that any car accident you or a loved one are involved in can turn fatal. That said, there’s certain situations and behaviors that are more likely to result in a fatal car accident in Tulare, like:
- Driving while intoxicated – Alcohol or drugs impair judgment and reaction times, increasing the risk of severe accidents.
- Distracted driving – When drivers do things like texting or talking on the phone, it can lead to deadly collisions.
- Speeding – Driving too fast reduces reaction time and makes accidents more dangerous.
- Recklessness – Aggressive behaviors such as tailgating or running red lights can cause fatal crashes.
- Fatigue – Much like driving under the influence, drowsy driving reduces reaction times and decision-making.
- Road conditions – Poor road quality or inadequate signage can contribute to accidents, especially if drivers aren’t alert.
- Vehicle defects – Mechanical issues, like brake or tire failures, can lead to accidents if not properly maintained.
- Inexperienced drivers – Younger or more inexperienced drivers may make critical mistakes in certain situations, which can lead to a fatal accident.
- Traffic violations – Running red lights or failing to yield can result in serious or fatal accidents.
Understanding these causes can help you navigate the legal process if you face challenges after a fatal accident. Our experienced lawyers at Maison Law are here to assist you through every step.
Contact Maison Law After a Fatal Car Accident in Tulare
If you’ve lost a loved one in a fatal car accident in Tulare, you don’t have to handle it alone. Our team of Tulare car accident lawyers at Maison Law can help with your claim and provide the support you and your family need. Contact us today for a free consultation.
