You might be surprised to learn that nearly one out of every ten traffic fatalities in the United States occurs right here in California. There is a lot of data available about when, where, and how fatal accidents are likely to occur. Drivers can use this information to improve their driving habits and reduce the likelihood that they will cause a fatal accident.
If you have been injured in a car crash or a loved one has been killed in a traffic accident, you have legal rights. The experienced California car accident lawyers at Arash Law fight hard to defend the legal rights of all injury victims. Learn more about car accidents in California and how you can reduce your chances of causing one.
The Statistics Here in California
The Insurance Institute for Highway Safety 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. Most 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 now more options than ever for avoiding drunk driving. Uber, Lyft, and other rideshare services have made it incredibly easy to call a ride whenever and wherever you need it. These services are widely available throughout California.
You can also call a cab or have a designated driver. There is simply no excuse for drunk driving in today’s connected world. Even if your blood alcohol level is under .08, you can still be found negligent and 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 make it more likely 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 most deadly 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 seventy percent of Californians believe that distracted driving is the biggest problem 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 drink, tuning the radio, and adjusting mirrors have always been distractions with which drivers must contend. But 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 nearly impossible for a driver to maintain focus on the road and traffic conditions around them. Drivers who fail to avoid these distractions and pay attention must be held accountable for the injuries and deaths they cause.
What Californians Can Do to Reduce Accident Rates
There are many things that drivers can do to avoid fatal traffic accidents. The law requires all drivers to use reasonable caution when operating a motor vehicle. If they do not, they can be found at fault for the accident and ordered to pay for all of the losses that they cause. What follows are a few of the most important steps you can take to avoid causing a car crash.
1.) Take responsibility for safe driving habits.
The driver is the one with control of the vehicle. If drivers take individual responsibility for making safer choices while driving, they can significantly reduce the risk of having an accident. Safe driving habits start before the vehicle is ever put in motion.
Make sure that your mirrors and seat are adjusted before you start the car. Always wear your seatbelt and insist that your passengers wear them, as well. Once you get on the road, be sure to leave plenty of space between your car and other vehicles.
Do not speed, honk, tailgate, or act aggressively. Use your turn signal and allow plenty of time to change lanes. These simple changes can drastically reduce your 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. But this uncomfortable discussion could save lives.
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 makes it far more likely that any injuries suffered in a collision will be fatal.
4.) Designate a driver, get an Uber, or call a cab.
In today’s tech-enabled society, there is simply no excuse to drink and drive. Nearly everyone carries a smartphone at all times. You are easily able to call a friend, call a cab, or get an Uber to your location within minutes.
You can even designate a sober driver before you start drinking at all. There are many, 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 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. Follow these steps to reduce the likelihood of being seriously injured in a car crash.
1.) Wear a seatbelt.
The evidence makes it clear that seatbelts save lives. There is a reason that seatbelts have been mandatory equipment in vehicles for decades now. Buckle up every time, and make sure that others in the vehicle are wearing their seatbelts, as well.
2.) Wear a helmet.
For bicyclists and motorcycle riders, the single most important thing you can do to reduce your risk of death on the road is to wear a helmet. Helmet use has been proven to significantly reduce the severity of injuries sustained in a car accident. 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 that you understand all of 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 mistakes can be fatal. If, for example, your vehicle alerts you about lane drifting, you need to know whether it will correct the steering for you.
If the vehicle does not do so automatically, you must correct the drift yourself or risk causing an accident. New cars come with all types of safety features. Take the time you need to understand these features and use them safely. Do not disable safety features just because you do not understand them.
5.) Slow down!
Speed is one of the factors that is most commonly associated with fatal car accidents. By slowing down, you will give yourself more time to react to obstacles on the road and avoid potentially fatal accidents. You will also improve your chances of surviving any injuries that do occur (as injuries are more likely to be fatal at higher speeds).
Be especially cautious with your speed when driving at night, during rain, in the fog, or any other time that your visibility is limited. 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 have the right to sue a negligent driver for wrongful death. Though the litigation process can be difficult, it is important to hold negligent drivers accountable for the devastating losses 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 has the right to 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, then the legal heirs are entitled to file the 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 the wrongful death claim if they can prove 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 establish your right to file the wrongful death claim with as few complications as possible.
What Losses Can Be Claimed?
There are three different types of losses that can be claimed in any personal injury lawsuit (including wrongful death claims). First are the financial losses. These are also called “special damages.” Financial losses include medical bills, lost wages, property damage, and other tangible losses that are easy to document with receipts.
The second type of damages is for emotional losses (also called “general damages”). If the victim is still alive, they are entitled to 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 can no longer claim these losses.
However, the surviving family members can claim their own emotional losses as general damages. 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 recover punitive damages, as well. Punitive damages do not compensate the victim for their own losses. Instead, they are designed to punish a negligent defendant in order 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 egregious and place other innocent victims at risk of being injured. Punitive damages are most often awarded against large companies. Ask your wrongful death attorney if punitive damages might be available in your unique case.
What Is the Statute of Limitations on a Wrongful Death Claim?
In general, the statute of limitations on a wrongful death case is two years after the victim dies. Any case filed in court after that date can be immediately dismissed by the defendant. Two years is the absolute maximum, but you should not wait to hire a wrongful death lawyer.
Your attorney will need time to investigate the case and open claims with the insurance companies. Your attorney may also be required to give notice of your claim to certain defendants long before the statute of limitations passes. The sooner you have a wrongful death attorney working on your case, the better protected your legal rights will be.
Experienced, Aggressive California Injury Lawyers for Traffic Fatality Cases
Search for a “California accident lawyer near me,” and you will find all kinds of law firms that make all kinds of promises. Arash Law has the results to back up our promise to fight for our clients. Our experienced motor vehicle accident attorneys have collected over 500 million dollars for clients across the Golden State. Our injury lawyers also have decades of experience.
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. Clients all across the state trust our team to protect their legal rights. We will fight hard for you, too, and protect your right to be fairly compensated for all your injuries and losses. Call (888) 488-1391 today to schedule your free consultation.
