CALIFORNIA CAR ACCIDENT INJURIES & DEATHS

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The 405, the 101, the 10—all of these California freeways have been the site of numerous deadly car accidents. If you have landed on our page looking for answers on how to recover following the death of a loved one as a result of a car accident, please keep reading—we are here to help and have successfully  handled hundreds of cases of this nature in the past.

According to the National Highway Safety Administration, there is a deadly car accident in the United States every twelve minutes. Dealing with the aftermath of a deadly car accident is not only emotional but confusing and frustrating at the same time. One thing you do not want to do is miss the opportunity to seek valuable compensation for your loss. While no amount of money will ever make up for things, it can help greatly ease the financial stress that comes with the loss of a loved ones. Medical bills, funeral costs and lost income can very quickly mount up. Get in touch with Walch Law Firm immediately to make sure that we filed your wrongful death car accident case before the statute of limitations.

NEGLIGENCE

Almost every California highway death is the result of another driver (whether in a car, truck or motorcycle) not paying attention to the road for one reason or another. For instance, a sleepy truck driver hits and kills an innocent driver. Or a drunk driver recklessly drives on a road of freeway and

causes the death of another. Both of those instances are examples of negligence—defined in California as the failure to use reasonable care to prevent harm to another person.

Proving negligence in a wrongful death case can be a complicated matter that requires substantial evidence of wrongdoing, among other things. This is especially true if the accident victim was partially at fault for the accident (known as contributory negligence). The elements that go into proving a negligence claim as part of a larger wrongful death case include:

• Duty of care: All drivers have a duty of care to the other drivers on the road and to follow traffic laws.
• Fault: Showing fault in a fatal car accident case involves showing that the other party breached (or did not follow) their duty of care which caused some of all the accident that ultimately led to the death of another individual. When it comes to car accidents, this fault can seem minor (i.e. running a stop sign) or major (i.e. driving drunk) but the end result is the same- he or she broke their duty of care to the other drivers on the road and were the cause of the accident. It is also important to note that if the victim of the accident did something to also cause the accident, that does not mean that you do not have the opportunity to still recover in a wrongful death lawsuit—you do and this is something that a lawyer will be tremendously helpful in making sure you get the most compensation possible.
• Injuries: After proving the duty of care and fault, attaching the death (or serious personal injuries) to the offending party is the final part of the proof and legal liability portion of a wrongful death case. When it comes to fatal car accidents, this part is very clear—your loved one died as the result of someone’s negligent (or criminal) driving. For those that survive a serious car crash, the injuries can be reaching and lasting, including dealing with the effects of a traumatic brain injury.

Proving fault and injuries is just the beginning of this very complicated legal process. How much money you will received depends on so many things including insurance policy limits, age and your financial reliance on the deceased. This will all be explained to you in detail during your initial free consultation with us.

COMMON CAUSES OF FATAL CALIFORNIA CAR ACCIDENTS

While the details of every accident and death are unique to the case, some of the common causes of fatal car accidents include:

• Drunk Driving
• Reckless Driving
• Distracted Driving
• Unsafe Road Conditions
• Underage driving mistakes
• Elderly driving mistakes
• Mechanical issues and defects
• Breaking traffic rules (i.e. running red lights, stop signs, etc)

As may be your situation, some of the causes of fatal car accidents also rise to the level of criminal charges (i.e. a drinking and driving). In those scenarios, your wrongful death case will be a separate civil action from the criminal charges he or she will also be dealing with.

THE WALCH LAW FIRM

When you hire us, you hire a family law firm that is here to help you every step of the way. We have the resources of a large law firm to handle even the most expensive and complicated cases but our clients NEVER get lost in the shuffle they way they do at bigger firms. If you are dealing with a death following a fatal car accident and not sure what to do now, give us a call today to schedule your obligation-free consultation with us today. Time is of the essence when it comes to any personal injury case,  it is imperative that we get your case filed in time—do not miss this very important deadline! The sooner you call the sooner we can start fighting for you. We look forward to hearing from you.