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You might be surprised to learn that nearly one out of every ten traffic fatalities in the United States occurs right here in California. A significant amount of data is available regarding when, where, and how fatal accidents are likely to occur. Drivers can use this information to help practice safe driving habits and reduce the risk of being involved in a fatal accident.
If you have been injured or a loved one has been killed in a traffic accident, you may be able to file a claim against the at-fault party. You may also consider seeking guidance from legal professionals who can help you understand your options. At Arash Law, our experienced California car accident lawyers are dedicated to advocating for the legal rights of injury victims and representing their interests. Learn more about car accidents in California and how to help reduce the risk of causing one.
The Statistics Of Traffic Fatalities In California
The Insurance Institute for Highway Safety (IIHS) reports that there were a total of 36,096 fatalities on the roads of the United States in 2019. California had 3,316 deaths, which was just under ten percent of all car accident fatalities in the U.S. that year. Coincidentally, this statistic is comparable to our population, which is just over ten percent of the total U.S. population. The majority of these California fatalities occurred to the occupants of cars. Occupants of SUVs and large trucks had the next highest fatality rate, followed by motorcycle riders.
Drunk Driving
Even after years of public awareness campaigns, legal advocacy, and other important work, drunk driving continues to kill thousands of Americans every year. The California Office of Traffic Safety reports that 1,116 victims were killed by drunk drivers in California in 2018. Another 1,066 victims were killed by drunk drivers in 2019.
There are currently more options than ever for avoiding drunk driving. Uber, Lyft, and other rideshare services have made it accessible to request a ride whenever and wherever. These services are widely available throughout California.
You can also call a taxi or arrange for a designated driver. Thanks to these platforms, there should be little to no excuse to drive drunk. Even if your blood alcohol level (BAC) is under 0.08, you can still be found negligent and held liable for injuries caused to innocent accident victims.
Impaired Driving
Alcohol is not the only substance that can impair your ability to safely operate a motor vehicle. Recreational drugs, prescription medications, and marijuana (whether medicinal or recreational) can all affect your driving skills. Some people even use household substances, like spray paint or bath salts, to get high. Any of these substances can increase the likelihood that a driver will crash their car.
The Office of Traffic Safety reports that half of all drivers killed in California accidents in 2019 tested positive for legal or illegal drugs. Impaired driving statutes have been expanded to include all of these substances, not just alcohol. A driver can be charged with a crime if they are impaired by any of these substances. Even if a prosecutor does not pursue criminal charges for whatever reason, the driver can still be held accountable in civil court for the injuries that they caused.
Distracted Driving
Distracted driving has quickly become one of the critical threats to all road users. The CDC reports that nearly three thousand people were killed by distracted drivers across the United States in 2018. Here in California, the Office of Traffic Safety found that 71.4 percent of Californians identified distracted driving due to texting as one of their major traffic safety concerns on California roadways.
There are many distractions in a vehicle that can tempt a driver to take their attention off the road. Pets and children, food and drinks, tuning the radio, and adjusting mirrors have traditionally been distractions that drivers must contend with. However, in recent years, smartphones have become nearly universal.
Almost every driver carries a phone with internet access with them every time they drive. There are also navigation programs and entertainment systems built right into the car. All of these distractions can make it challenging for a driver to maintain focus on the road and traffic conditions around them. Drivers who fail to avoid these distractions and do not pay attention may be held accountable if their actions cause an accident resulting in injuries and deaths.
What Californians Can Do To Help Reduce Accident Rates
There are certain steps drivers can take to help prevent fatal traffic accidents. The law requires all drivers to use reasonable caution when operating a motor vehicle. If they don’t, they can be found at fault for the accident and held liable for the resulting losses.
The tips below are for informational purposes only and should not be taken as legal advice. Here are some ways you can help reduce the risk of a collision:
1.) Take Responsibility For Safe Driving Habits.
The driver is the one in control of the vehicle. If drivers take individual responsibility for making safer choices while driving, they can help keep the road safe for other road users. Safe driving habits start before the vehicle is ever put in motion.
Check that your mirrors and seat are adjusted before starting the car. Wear your seatbelt and remind your passengers to do the same. Once you’re on the road, leave plenty of space between your vehicle and others.
Do not speed, honk, tailgate, or act carelessly. Use your turn signal and allow plenty of time to change lanes. These simple changes can significantly reduce the chances of causing a fatal traffic accident.
2.) Let A Driver Know If They Are Making You Uncomfortable.
If you are a passenger, you have the right to speak up. It can be uncomfortable to have this discussion. No one wants to be a backseat driver or criticize another person’s driving skills. However, this uncomfortable discussion can help maintain safe driving.
Let the driver know if you do not feel safe in their car. Some drivers choose to speed, weave in and out of traffic, or even drink while they are driving. Passengers do not have to sit quietly while their lives are in danger.
3.) Slow Down
Speed is a factor in many fatal collisions. When you speed, your vehicle requires a greater stopping distance. Speed also reduces the time you have to react to obstacles on the road. These two factors make it far more difficult to avoid a collision when you are speeding.
These are not, however, the worst effects of speeding. The greater your speed, the higher the forces generated in the collision. These forces translate to damage to vehicles and injuries to passengers.
When forces are higher, injuries are far more likely to be serious or even fatal. Speeding makes it harder to avoid a collision. Speed also significantly increases the likelihood that any injuries sustained in a collision will be fatal.
4.) Assign A Designated Driver, Request An Uber, Or Call A Cab.
In this current tech-enabled society and with the existence of rideshare services, there should be little to no excuses for drunk driving. Nearly everyone carries a smartphone at all times. You can easily call a friend, hail a cab, or request an Uber to your location within minutes.
You can even designate a sober driver before you start drinking at all. There are many options for getting home safely. All of them are cheaper than getting in an accident, facing criminal charges, and paying increased insurance premiums with a DUI on your driving record.
What California Road Users Can Do To Help Reduce The Chances Of Fatal Injuries
Though drivers are legally responsible for preventing accidents, there are still ways that other road users can protect themselves from fatal injuries. Consider the following steps to help reduce the likelihood of being seriously injured in a car crash.
1.) Wear A Seatbelt.
Research indicates that seatbelts can significantly help reduce the risk of injury and death in traffic accidents. There is a reason that seatbelts have been mandatory equipment in vehicles for decades. Buckle up every time and confirm that everyone in the vehicle is wearing their seatbelts as well.
2.) Wear A Helmet.
For bicyclists and motorcycle riders, one of the important things you can do to help lower your risk of injuries on the road is to wear a helmet. Helmet use is essential for motorcyclists and bicyclists, as research has shown that helmets can significantly reduce the severity of head injuries in crashes. Be sure your helmet is up-to-date and not subject to any safety recalls. Once your helmet has been in an accident, it is time to replace it.
3.) Do Not Drive A Vehicle With Compromised Safety Features.
After being in an accident, a car’s safety features can be compromised. Even a seemingly minor fender bender can leave you without critical protections. Do not drive your vehicle after an accident until it has been inspected by a qualified repair shop. Be especially cautious if your airbags deployed, your seatbelt had to be cut, or any other safety features were damaged in the collision.
4.) Understand And Use All The Safety Features Of Your Vehicle.
You might think you understand all the safety features of your vehicle, but do you really? A study by the University of Iowa found that a majority of drivers were uncertain about how their vehicle’s safety technologies work. These errors can be fatal. For instance, if your vehicle warns you about lane drifting, understand if it will automatically correct the steering.
If the vehicle does not correct the drift automatically, do so yourself to help avoid the risk of an accident. New cars come equipped with a variety of safety features. Take the time to understand these features and use them safely. Do not disable safety features just because you do not understand them.
5.) Reduce Speed
Speed is one of the factors that is commonly associated with deaths from car accidents. By slowing down, you will give yourself more time to react to obstacles on the road and avoid potentially fatal collisions. Lower speeds can also help reduce the severity of injuries in the event of an accident.
Be especially cautious with your speed when driving at night, during rain, in fog, or in any other condition that limits your visibility. Slow down in school zones and near daycare centers. Use caution when backing up or leaving a dark parking garage.
Wrongful Death Claims In Fatal Car Accident Cases
As we have seen, nearly one out of every ten fatal accidents in the U.S. occurs right here in California. Surviving family members and legal heirs may be able to sue a negligent driver for wrongful death, subject to eligibility and depending on the specifics of the case. Although the litigation process can be challenging, it plays a crucial role in holding negligent drivers accountable for the harm they cause. Accountability is especially important when a driver’s negligence was so severe as to cause death.
Who May File A Wrongful Death Claim?
The California Code of Civil Procedure limits who can file a wrongful death claim after a fatal car accident. The decedent’s spouse (or registered domestic partner) and children have the right to sue. In some cases, grandchildren can step in if their parents died before the wrongful death of the grandparent occurred. If none of these relatives are alive, the legal heirs may still file a wrongful death claim.
“Legal heirs” are usually more distant family members (such as siblings, aunts or uncles, and cousins). In some cases, other family members can file a wrongful death claim if they can establish that they were financially dependent on the person who died. These legal issues can quickly become very complicated. It is important to work with an experienced wrongful death lawyer who can help you understand your legal options and guide you through the complex process of filing a wrongful death claim.
What Damages Are Available In A Car Accident Claim?
There are three different types of losses that may be available in a personal injury lawsuit (including wrongful death claims) in California. First are the financial losses, also known as special damages, which can include medical bills, lost wages, property damage, and other tangible losses that are easily documented with receipts.
The second type of damages is for emotional losses (also called “general damages”). If the victim is still alive, they may be able to pursue compensation for their pain and suffering, including the physical pain of recovering from the injuries, the emotional toll the accident takes on them, the lasting effects of scarring or disfigurement, and other intangible losses. In a wrongful death case, the victim may no longer be able to file a claim for these losses.
However, the surviving family members may be able to pursue compensation for their own emotional losses as general damages, depending on the situation. These losses are significant. Imagine the effect a parent’s death has on a child. There will be a loss of parental affection and guidance, as well as lasting emotional trauma.
General damages are often the largest component of a wrongful death case. Aside from special damages and general damages, it is sometimes possible to pursue punitive damages in rare cases. Punitive damages do not compensate the victim for their losses. Instead, they are designed to punish a negligent defendant to deter similar negligence in the future.
Punitive damages are not available in every wrongful death case. To support an award of punitive damages, the defendant’s conduct must be especially extreme and place other innocent victims at risk of being injured. Courts may award punitive damages when a defendant’s conduct is particularly malicious, with the amount determined by factors including the severity of the misconduct and the defendant’s financial capacity. Ask your wrongful death lawyer if punitive damages might be available in your case.
What Is The Statute Of Limitations On A Wrongful Death Claim?
While the statute of limitations for wrongful death cases is generally two years from the date of death, specific circumstances, such as claims against government entities, may have different time limits. Any case filed in court after the statute of limitations has expired may be subject to dismissal if the defendant raises the issue and the court determines that the deadline has passed. California typically allows two years from the date of death to file a wrongful death claim, but exceptions may apply depending on your specific situation.
Your attorney will need time to investigate the case and open claims with the insurance companies, as well as to give notice of your claim to certain defendants long before the statute of limitations passes. Hiring an attorney promptly allows them to begin preserving crucial evidence and building your case early.
Experienced California Injury Lawyers For Traffic Fatality Cases
Arash Law has a team of knowledgeable lawyers who have represented and advocated for clients in seeking accountability against the at-fault parties. Furthermore, our California motor vehicle accident attorneys have years of experience and the resources to handle a wide range of personal injury cases, aiming to pursue available compensation under the law.
Our skilled legal team serves clients in Los Angeles, San Francisco, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sacramento, Sherman Oaks, and throughout California. Call (888) 488-1391 to schedule your free initial consultation.
