Maison Law Accident & Injury Lawyers of Modesto helps families that are impacted by fatal car accidents in Modesto. The unfortunate reality is that any car accident can turn fatal. And while it’s tough to think about, there is a legal process that can allow you or your family to get support to move forward. Our Modesto car accident lawyers are here to guide you through every step of this process. Contact us today for a free consultation to get started.
Should You Get a Lawyer After a Fatal Car Accident in Modesto?
Given the high stakes, having a lawyer after a fatal car accident in Modesto is crucial. While it’s not mandatory, managing the legal process while trying to also cope with the loss of a loved one is very taxing. So, if you find yourself in this situation (or your family does), you should think about getting a lawyer.
Our team at Maison Law Accident & Injury Lawyers of Modesto is here to help. We do this by:
- Investigating the accident
- Determining who is responsible
- Helping you or your family with the legal process
- Negotiating with insurance companies
- Filing wrongful death lawsuits on your family’s behalf
Losing a loved one is incredibly difficult. We’re here to handle the legal aspects so you or your family can focus on getting the support needed to move forward.
Who’s Liable in a Fatal Car Accident in Modesto
Fatal car accidents are obviously very traumatic, even before you or others realize there are serious injuries. But at the same time, the legal process with these accidents has the same starting point as any other–figuring out liability. At least in this respect, a fatal car accident is the same as any other car accident in Modesto.
Specifically, liability is set by showing “negligence.” Negligence, as it relates to a car accident, means showing that the person or party at-fault is the one that had a duty to act in a safe way, but failed. This failure led directly to the accident and fatal injuries.
This can change from situation to situation, but generally, it falls on the following:
- Other drivers – Usually, the other driver that was doing something negligent (like driving under the influence) and causes the accident is going to be liable for the eventual damages.
- Car owners – If the driver wasn’t the car owner but caused a fatal accident, the car owner might still be liable. This could happen if the owner allowed the driver to use their vehicle or knew the driver was unfit but still let them drive.
- Car or parts manufacturers – Car or parts manufacturers can be held responsible if a defect in the vehicle caused the fatal accident. This includes issues with design, manufacturing, or warnings about dangers. To prove liability, you need to show that the defect was present when the vehicle was sold and directly caused the accident.
- Government agencies – Government agencies might be liable for a fatal accident if poor road conditions played a role in it. They could be held responsible for not fixing hazards like potholes or bad signage.
Remember, liability is ultimately going to hinge on the circumstances of the accident itself. From there, though, the process plays out the same way: filing a claim for damages.
How is the Claims Process Different After a Modesto Fatal Car Accident?
Even though liability is determined the same way after a fatal car accident, the type of claim that you or a family member can file after the accident is a bit different.
It’s called a “wrongful death claim,” and it’s is different from a standard car accident claim because it can only be filed by certain people, such as:
- Spouses
- Children
- Parents
- Deceased’s estate representative
At that point, though, the claims process returns to its normal state. This means that you or whoever files on your behalf can either bring an insurance claim out of court or a lawsuit. Both options will allow for the recovery of certain “damages,” like:
- Funeral and burial costs – These are for expenses related to the deceased’s funeral, burial, or cremation.
- Loss of financial support – These damages cover financial support for the income the deceased would have provided to their family.
- Loss of companionship – These damages relate to the emotional and social loss caused by the death.
- Emotional suffering – These damages are for the grief and emotional pain experienced by surviving family members.
There’s a couple of other procedural things you or your family need to be aware of. Despite the fact that it’s hard to quantify your losses in a wrongful death claim, you still have to file it within California’s statute of limitation of two years from the date of death. Also, even with the ability to file one of these claims, you or your representative has to put together a strong claim.
How Can You Strengthen Your Claim After a Fatal Car Accident in Modesto?
You might think that a fatal car accident is fairly easy to prove. And while this is largely true–a death is by far the worst outcome of a car accident–it’s still required to not just file a claim but show the extent of the damage. So, it’s important for you or whoever files the claim to do a few things to strengthen it. This means taking certain steps prior to filing the claim:
- Report the accident – Call 911 for emergency help and notify the Modesto Police Department or County Sheriff. Make sure that everyone who needs medical attention gets it right away.
- Gather evidence and other important information – Collect contact information from witnesses, their statements, medical records, incident reports, and photos or videos of the accident scene. This evidence is essential for your case.
- Keep evidence in good condition – Preserve the vehicle and any damaged property as they were after the accident, and do not alter the scene.
- Track expenses – Keep a detailed record of all costs related to the accident, including medical bills and funeral expenses, to show how the accident has affected your family financially.
Although dealing with a fatal accident is incredibly difficult, following these steps can help build a stronger case for your family’s claim. But because every case is different, it’s important to look at the specifics of these accidents.
What Are Some More Common Types of Fatal Car Accidents in Modesto?
Because any car accident can be fatal, it doesn’t necessarily matter what type of car accident it is in Modesto that leads to fatal injuries. WIth that said though, there happen to be certain types of car accidents that are more likely to be fatal. These usually include:
- Head-on collisions
- Accidents caused by driving under the influence
- Rollovers, especially where you or passengers are ejected
- Rear-end accidents
- Collisions with stationary objects at high speeds, including trees or guardrails
Although it’s a difficult topic, a fatal car accident can sadly impact you or your family in Modesto. Whether it occurs during a busy weekend on McHenry Avenue or a holiday drive on Highway 99, it’s crucial to know your options. Our team is here to offer guidance and support.
Contact Our Team After a Fatal Car Accident in Modesto
At Maison Law Accident & Injury Lawyers of Modesto, we recognize the difficulties of handling a fatal car accident. We offer strong legal support to help you through this tough time and make sure you and your family get the assistance and financial support they need to restore some level of normalcy to their lives. Don’t wait–contact us today for a free consultation if you or someone you care about have been involved in a fatal car accident in Modesto.