What Are The Most Common Causes Of Fatal Car Accidents?

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    Fatal car accidents are a tragic reality that affects countless individuals and families nationwide.  Unfortunately, despite ongoing efforts to improve road safety, negligent driver behavior continues to contribute to these devastating events.  Most of these accidents can be attributed to driving under the influence of alcohol or drugs, speeding, distracted driving, and reckless driving.  These factors significantly increase the risk of traffic collisions and fatalities.  Car accidents leave behind a heartbreaking trail of grief, trauma, and financial hardship.  The burden of medical expenses, funeral costs, and lost income can be overwhelming for the survivors.

    Car accident lawyers can provide invaluable support during this challenging time.  They can deal with the legal legwork, allowing the bereaved to focus on grieving and healing.  While no amount of money can ever fill the void left by a loved one, expert legal representation can provide the financial support families need as they navigate this difficult time.  A seasoned personal injury lawyer can also help hold those responsible accountable, providing a sense of justice and closure.

    Top Causes Of Fatal Car Accidents

    In 2022, there were 42,514 fatal motor vehicle accidents in the United States alone.  Many people mistakenly believe that car accidents are just random events that can’t be avoided.  However, a significant number of these tragedies are preventable.  By understanding the most common causes, we can take steps to reduce their occurrence.

    Here are the most common causes of fatal car accidents:

    Impaired Driving

    According to the National Highway Traffic Safety Administration (NHTSA), alcohol-related accidents were one of the leading causes of fatalities in 2022.  That year, a staggering 13,524 people lost their lives in alcohol-impaired driving accidents, representing almost one-third of all traffic fatalities.  This statistic highlights just how critical it is to understand the effects of impaired driving.

    Driving under the influence of drugs or alcohol dramatically impairs several key driving functions:

    1. Judgment — Impaired drivers are more likely to make fatal mistakes, misjudge risks, overestimate their abilities, and endanger themselves and others.
    2. Coordination And Motor Skills — Alcohol and drugs significantly reduce a driver’s coordination, reflexes, and overall motor skills.  This can lead to difficulties in steering, controlling the vehicle, and responding effectively to unexpected hazards.
    3. Vision And Risk Perception — Impairment can cause blurred vision, reduced peripheral vision, and difficulty focusing, which hinders the ability to see hazards and react appropriately.

    Moreover, substances like alcohol and drugs can create a false sense of invincibility, leading drivers to take unnecessary risks like speeding.  These substances also cause fatigue and drowsiness over time.  In California, the legal limit for blood alcohol concentration (BAC) for drivers is 0.08%.  Exceeding this limit raises the risk of driving under the influence and its dangers.

    Losing a loved one in a collision with an impaired driver is devastating.  Car accident lawyers who work on DUI cases can offer crucial support during this difficult time.  They can help prove that the at-fault driver was impaired by gathering evidence such as breathalyzer test results, blood test results, and witness statements.

    Speeding

    Speeding is a danger to everyone on the road.  According to the NHTSA, a crash is considered speeding-related if any of the drivers involved is charged with a speeding offense.  This definition includes racing, exceeding the posted speed limit, and driving too fast for conditions.

    Speeding increases the risk of fatality in an accident.  Higher speeds result in greater force upon impact, which can lead to life-threatening injuries.  In 2022, speeding killed 12,151 people in the U.S.  In addition, the UC Berkeley Statewide Integrated Traffic Records System (SWITRS) recorded 5,399 speeding-related traffic fatalities in California over the past five years.

    Speed limits are laws, not suggestions, designed to protect public safety.  Speeding compromises safety for everyone, so it’s important to understand the serious consequences of this behavior.

    Distracted Driving

    driver using phone while driving

    Drivers might think taking a moment to check their phone or adjust their radio won’t have much impact.  However, even a split second of distraction can have deadly consequences.  Distracted driving is a major cause of traffic fatalities because it seriously affects your attention and reaction time.  Several things can distract a driver from paying attention to the road ahead, including:

    1. Visual Distractions — Anything that takes the driver’s eyes off the road, such as phones and navigation systems.
    2. Manual Distractions — Distractions that take the driver’s hands off the steering wheel, like eating or adjusting controls.
    3. Cognitive Distractions — These are behaviors that can affect a driver’s focus, such as daydreaming or engaging in conversation.

    When a driver’s attention is divided, they become less aware of their surroundings, other drivers’ actions, potential hazards, pedestrians, and traffic conditions.  Staying focused is crucial for everyone’s safety on the road.

    Drowsy Driving

    Drowsy driving can be just as dangerous as driving under the influence of drugs or alcohol.  When drivers are tired, their ability to stay alert, think clearly, and react quickly is seriously compromised.

    According to the NHTSA, drowsy driving tragically caused 693 fatalities in 2022.  Although this number might not seem overwhelming compared to other accident causes, each of these deaths represents a loved one lost and a family forever changed.

    Here’s why drowsy driving is so risky:

    • Decreased Alertness — Fatigue makes it hard to stay focused, slows reaction times, and makes it tough to handle sudden changes, like a car cutting in front or a pedestrian crossing the road.
    • Impaired Cognitive Function — The brain doesn’t process information as quickly, making it difficult to respond quickly to avoid accidents.
    • Difficulty Staying Awake — Drowsy drivers often struggle to keep their eyes open and maintain a steady gaze, which increases the chance of missing important visual cues.
    • Microsleep Episodes — Severe fatigue can cause drivers to fall asleep at the wheel without even realizing it.  Sleep deprivation can lead to short involuntary sleep episodes or microsleeps.  Although these episodes last only a few seconds, it’s more than enough time for a drowsy driver to enter into the opposite lane and get into a head-on collision with another vehicle.

    The NHTSA data showed that car crashes involving fatigued drivers are more common in specific instances:

    • Peak TimesCar accidents are most frequent between midnight and 6 a.m. or late afternoon when our internal body clocks are naturally more inclined to sleep.
    • Solo Incidents — Many drowsy-driving accidents involve only one vehicle, often running off the road at high speeds without braking.
    • Rural Roads — These crashes frequently happen on rural roads and highways.
    Reckless Driving

    reckless driving at high speeds on dangerous curvesReckless driving is also one of the main causes of fatal car accidents.  The California Vehicle Code states that: “A person who drives a vehicle in an off-street parking facility, in willful or wanton disregard for the safety of persons or property, is guilty of reckless driving.”

    When drivers engage in dangerous behaviors like ignoring traffic signals or aggressive driving, they endanger themselves and put others on the road at great risk.  The following factors are key to hold a driver liable for reckless driving:

    • Awareness Of Risks — The driver had a clear understanding of the potential dangers associated with their actions.  They were not merely negligent but were fully cognizant of the risks involved.
    • Intentional Behavior — Despite this awareness, the driver intentionally chose to engage in risky behavior.  This means they deliberately acted in a manner that they knew was dangerous rather than simply making a mistake or an error in judgment.
    • Indifference To Safety — The driver demonstrated a callous disregard for their own safety and for others.  Their actions revealed a blatant disregard for the potential harm they could cause.
    • Deviation From Normal Conduct — The driver’s behavior went far beyond ordinary negligence or carelessness.  Their actions were so reckless and outrageous that they deviated significantly from the conduct of a reasonable person in similar circumstances.
    Poor Road Conditions

    Dangerous road conditions can be a significant factor in fatal traffic accidents.  Here are some risks tied to them that can lead to deadly collisions:

    1. Reduced Visibility — Adverse weather conditions like fog, heavy rain, snow, or even smoke from wildfires can drastically reduce visibility on the road.  When drivers can’t see clearly, the chances of a serious collision increase dramatically.
    2. Slippery Roads — Wet or icy roads are particularly dangerous.  Rain can make roads slick, and snow can create hazardous driving conditions by forming black ice, which is nearly invisible but extremely slippery.  Losing control of a vehicle on such surfaces can lead to severe accidents.
    3. Construction Zones — Road construction areas are often hazardous, especially when not properly marked or contained.  Sudden lane shifts, uneven pavement, and unexpected obstacles can confuse drivers and lead to accidents.
    4. Lack Of Safety Features — Roads without proper safety measures, such as guardrails or adequate traffic control, pose a higher risk for serious accidents.  Inadequate signage or poorly maintained road surfaces can also contribute to deadly crashes.

    Imagine driving on a foggy night with near-zero visibility.  The highway is slick from recent rain when you suddenly encounter an unmarked construction zone.  With little time to react, your car loses traction on the wet pavement and begins to skid uncontrollably.  The lack of clear warning signs and hazardous road conditions leave you with few options to safely navigate the situation, dramatically increasing the likelihood of a fatal highway construction accident.

    In these types of accidents, attorneys who handle car accidents can help hold parties liable, such as government agencies that fail to maintain safe roadways.  They can ensure accident victims get the justice and restitution they deserve.

    What Other Factors Lead To Fatal Car Accidents?

    In addition to the causes mentioned above, other circumstances that contribute to fatal car accidents include:

    Running Red Lights

    Running red lights is one of the most obvious yet dangerous causes of car accidents.  These red light accidents can have devastating consequences, leading to injuries, property damage, and even fatalities.  In 2022, 1,149 lives were lost due to red light violations.  These fatalities involved pedestrians, bicyclists, and vehicle occupants.  This statistic underscores the prevalence and severe impact of red-light crashes.

    Running a red light can be deadly because it often leads to high-speed collisions at intersections, where vehicles, pedestrians, and cyclists converge.  These crashes typically involve side impacts, which are dangerous due to the limited protection on the sides of vehicles.  The sudden and unexpected nature of a red light violation leaves little time for others to react, increasing the likelihood of severe injuries or fatalities.

    Lack Of Seatbelt Use

    While we can’t control other drivers, we can take steps to protect ourselves and our passengers.  One of the simplest and most effective safety measures is wearing a seatbelt.  Wearing these restraints could help prevent vehicle occupants from sustaining severe or fatal injuries.  In 2022, there were 25,420 fatalities involving passenger vehicles, and about 50% of those who died were not wearing seat belts.

    Seatbelts are designed to keep occupants securely in place during a collision, preventing them from being thrown around inside the vehicle or ejected from it.  Without a seatbelt, the force of a crash can propel occupants into the dashboard, windshield, or other hard surfaces.  The impact could cause a severe brain injury, potentially leading to death.  In more violent collisions, occupants can be completely ejected from the vehicle, which dramatically increases the risk of fatal injuries.

    Driving In The Rain

    cars on the road while rainingWhile driving in the rain is sometimes unavoidable, practicing safe driving habits can make a big difference.  Driving in adverse weather increases the risk of fatal car accidents for several reasons.  Wet roads can reduce tire traction, making stopping quickly or maintaining vehicle control harder.  The loss of control can lead to dangerous skidding or hydroplaning.

    Additionally, reduced visibility in rain or storms can prevent you from seeing hazards or other vehicles in time.  Slick roads, impaired visibility, and longer stopping distances create a dangerous environment where even minor driving errors can escalate into fatal accidents.

    Vehicle Malfunctions

    Vehicle malfunctions can be a serious safety risk on the road.  It’s not common for cars to unexpectedly stall in the middle of a freeway or for gears to shift unpredictably while the car is in drive.  However, such issues are dangerous not only for the driver and passengers but also for other road users.  Auto defects and mechanical failures can lead to sudden and uncontrollable situations, significantly increasing the likelihood of accidents.

    As self-driving cars become increasingly prevalent, it’s important to acknowledge that they are not without their challenges.  While these autonomous vehicles aim to reduce human error, they are susceptible to malfunctions and software glitches.  Failures in sensor systems, navigation, or artificial intelligence can lead to self-driving car accidents just as severe as those caused by manual driving errors.

    For example, an accident occurs due to a vehicle malfunction or auto defect.  Car accident attorneys can help prove that a lack of regular maintenance or software issues contributed to the incident.  They can help establish liability and pursue payment for damages, ensuring that responsible parties are held accountable.

    How To Reduce The Chances Of Getting Into A Fatal Car Accident

    According to the National Safety Council (NSC), there is a 1 in 93 chance of dying in a motor vehicle accident.  This statistic shows the inherent risks associated with driving and underscores the importance of safety measures on the road.

    Car accidents remain a leading cause of death, with thousands of fatalities occurring each year due to the abovementioned factors.  The likelihood of a fatal accident can increase depending on specific circumstances, such as driving at night, during inclement weather, or on high-speed highways.

    However, you can reduce your car accident risk by adopting safe driving habits, vehicle safety, and awareness of your surroundings.  While you cannot always predict the actions of other drivers, taking these steps can significantly lower your risk of being involved in a fatal accident:

    Wearing A Seatbelt

    Always buckle up before hitting the road.  It’s a simple step that can save lives.  Seatbelts keep you securely in your seat during a crash, reducing the risk of severe injuries or being thrown from the car.  Make sure everyone in your vehicle is properly belted in before hitting the road.

    Driving Attentively

    Stay focused on driving and avoid distractions.  Checking your phone can cause you to miss crucial signals or obstacles.  Concentrating on the road will better prepare you to respond to potential dangers and keep control of your vehicle.

    Following Traffic Signals And Speed Limits

    Obey traffic signals and stick to speed limits.  They’re in place to keep everyone safe.  Signals manage traffic flow, while speed limits are set based on road conditions to prevent accidents.  By following these safety guidelines, you can significantly reduce your risk of accidents and drive more defensively.

    Practicing Defensive Driving

    Be proactive and anticipate potential hazards on the road.  Defensive driving means staying alert to what’s happening around you, keeping a safe distance from other vehicles, and adjusting your driving based on current conditions.  It’s all about being prepared and reducing the chance of accidents.

    Investing In A Safe Vehicle

    Avoid the car brands that get in the most accidents.  Choose a vehicle with high safety ratings and modern features like automatic braking and lane assistance.  These safe driving technologies can make a big difference in preventing accidents and protecting you in a crash.  Regularly maintain your vehicle to ensure it’s always in top condition.

    Beyond individual actions, governments and organizations play a significant role in improving road safety.  According to the World Health Organization (WHO), road traffic injuries can be prevented with coordinated efforts across sectors, including transport, police, health, and education.  Safer road designs, vehicle improvements, and enhanced post-crash care are essential in reducing traffic-related fatalities.

    What To Expect When A Fatal Car Accident Occurs

    wake of a fatal car accident victimIn California, which uses a fault-based system for handling car accident claims, all drivers must have auto insurance that meets minimum coverage requirements.  When a driver causes a fatal accident, the deceased’s family can file claims against the at-fault driver’s policy.

    However, California’s standard auto insurance policy, which covers bodily injury, total accident liability, and property damage, might not fully cover the costs of a fatal accident.  Furthermore, depending on the circumstances of the collision, the at-fault driver might also face criminal charges.

    In such cases, the following might be able to bring such a claim:

    • Surviving Spouse — If the deceased was married, their spouse or registered domestic partner typically has the primary right to file a claim.
    • Surviving Children — Biological, adopted, and stepchildren can file a claim.  For minor children, a guardian will be appointed to handle the lawsuit.
    • Dependent Minors — Minors who lived with and depended on the deceased for financial support may have the right to seek compensation, provided they lived with the deceased for at least six months.
    • Parents — If the deceased was unmarried, a minor, or had no surviving children, the parents can file a wrongful death claim.
    • Other Heirs — In the absence of the family members mentioned above, individuals entitled to inherit from the deceased may file a claim according to California’s intestate succession laws.  This includes any deceased spouse’s siblings, grandparents, and children.

    It’s important to consult with experienced car accident lawyers who handle wrongful death cases to understand the specific eligibility requirements and processes.  They can help determine the amount of compensation that may be awarded.  If a settlement is reached, it can be used to cover funeral costs, medical bills, and other expenses related to your loved one’s wrongful death.

    How Much Is A Fatal Car Accident Lawsuit Worth?

    Losing a loved one in a car accident is an unimaginable tragedy, and no amount of compensation can ever truly make up for that loss.  However, if you are considering a wrongful death lawsuit, you might be wondering, “How much compensation can I expect to receive?”

    The value of a wrongful death claim varies significantly based on several key factors.  These factors include the deceased person’s age, income, and life expectancy.  Another crucial aspect is the nature of the relationship between the deceased and the survivors.  Additionally, the specifics of your state’s wrongful death laws are crucial in determining the potential compensation.

    It’s best to find the best attorney for your car crash to determine how much you are entitled to.  They can help assess the full range of damages available in your case.  The right car accident attorney can ensure your claim accurately reflects the depth of your loss and helps provide some measure of support as you move forward.

    Damages Available After A Fatal Car Accident

    Claimants can generally recover two types of damages available in wrongful death cases: economic and non-economic.  Economic damages cover the tangible financial losses resulting from the fatal accident, including:

    • Medical expenses for final treatments, hospital stays, and emergency care.
    • Costs for funeral services, burial, or cremation.
    • Compensation for income the deceased would have provided.

    Meanwhile, non-economic damages address more subjective and emotional impacts.  They include:

    • Loss of companionship
    • Loss of guidance
    • Emotional distress
    • Loss of consortium
    • Loss of enjoyment of life

    If the deceased did not die immediately after the accident, the family might also be able to file a survival action.  This claim allows for additional compensation for medical treatment costs, lost income, and other damages incurred before the deceased passed away.

    In rare cases, punitive damages may also be awarded to the surviving family members if the at-fault driver exhibited gross negligence or intentional misconduct, such as:

    • Driving under the influence of alcohol or drugs.
    • Excessively speeding.
    • Engaging in other forms of reckless driving.

    The goal is to hold the responsible party accountable and set a precedent that discourages such dangerous behavior.

    Attorneys specializing in car accidents and wrongful death cases can tell you what you’re entitled to.  They can also guide you through this complex process, ensuring all potential damages are considered and pursued.  Their expertise can help secure the compensation your family needs during this difficult time.

    Statute Of Limitations For Wrongful Death Lawsuits

    In most states, you typically have two to three years from the date of the deceased person’s death to file a wrongful death lawsuit.  This timeframe is meant to ensure that claims are filed while evidence is still fresh and witnesses are available.  However, specific deadlines can vary depending on the state and the circumstances surrounding the case.

    In California, the statute of limitations for wrongful death lawsuits is generally two years from the date of death.  If you intend to file a claim, you must do so within this period.

    In some cases, the deadline may be extended under the “late discovery” rule.  This rule applies when the harm caused by the wrongful death is not immediately apparent.  For instance, if new evidence reveals the true cause of death, the time limit to file a claim may be extended from the date of discovery, not the date of death.

    Given the legal issues surrounding wrongful death claims and the strict deadlines, you should know when to see a personal injury lawyer.  A personal injury attorney can provide guidance on the time limits applicable to your case, help gather necessary evidence, and ensure that your claim is filed correctly and within the legal timeframe.

    Fatal Car Accident Statistics

    According to the U.S. Department of Transportation, motor vehicle traffic crashes on U.S. roadways resulted in 716 fewer fatalities in 2022 compared to the previous year.  This figure marks a 1.7% decrease since 2021.  California ranked second among U.S. states for traffic accident deaths, with 4,428 fatalities.

    Here are the additional statistics for vulnerable populations:

    • Older Population — In 2022, 7,971 people aged 65 and older were killed in traffic accidents across the United States, making up 19% of all traffic-related deaths.  This figure represents the highest number of fatalities for this age group since the Fatality Analysis Reporting System (FARS) began collecting data in 1975.  Older female drivers accounted for 23% of all female driver fatalities in 2022, while older male drivers made up 18 percent of male driver fatalities.
    • Young Drivers — In 2022, 2,034 young drivers died in traffic crashes, marking a 5% decrease from the 2,133 deaths reported in 2021.  Of these fatalities, 1,576 were male drivers, and 456 were female drivers.

    While statistics provide a quantitative understanding of traffic accidents, it’s crucial to remember that these numbers represent real people with families, friends, and communities.  Each fatality leaves a lasting void that cannot be filled.

    When a loved one is lost in a traffic accident, the emotional and financial toll can be overwhelming.  A wrongful death attorney can provide invaluable support during this difficult time.  They can help families navigate the legal complexities, seek justice, and secure the compensation they deserve.

    Frequently Asked Questions
    What Injuries Can Lead To Death After A Car Accident?

    Car accidents can be devastating, with some injuries being so severe that they pose an immediate threat to life.  These catastrophic injuries need prompt medical attention to prevent long-term complications or fatalities.

    Below are some of the most common life-threatening injuries that can occur after a car accident:

    • Traumatic Brain Injuries (TBIs) — These occur when a strong impact on the head disrupts normal brain function, potentially leading to fatal consequences.
    • Spinal Cord Injuries — Spinal cord injuries can be life-altering, and the severity often depends on the location and extent of the damage.  Damage to the spinal cord can impair essential bodily functions and cause complete or partial paralysis.  The injury can also lead to complications that increase the risk of mortality.
    • Internal Bleeding — This injury can occur when the force of the collision causes internal organs to rupture or tear.  If not treated quickly, it can lead to shock, organ failure, and death.
    • Chest Injuries — Severe chest injuries, such as broken ribs or damage to the heart and lungs, can impair breathing and lead to life-threatening complications.  Punctured lungs or cardiac injuries require immediate emergency care.
    • Compound Fractures — When bones break through the skin, they create an open wound highly susceptible to infection.  In severe cases, infections can spread rapidly and become fatal if not promptly and properly treated.
    • Abdominal Injuries — Blunt force trauma to the abdomen can cause damage to vital organs like the liver, spleen, or kidneys.  These injuries are extremely dangerous, as they can lead to internal bleeding or organ failure.
    • Neck Injuries — Severe neck injuries, including fractures or damage to the cervical spine, can be fatal if they affect the airway.

    While these injuries are among the most life-threatening, many cases are manageable with prompt and appropriate medical care.  Without treatment, they can lead to severe complications or even fatalities.

    Seek immediate medical attention if you suspect a spinal cord injury.  Your car accident attorneys can also connect you to medical professionals who can provide the necessary treatment and care.

    What Should I Do If I Get In A Car Accident?

    woman calling the local police after a fatal car accidentA car accident can range from a minor inconvenience to a life-changing event.  After a collision, follow the steps below to maximize your chances of survival and protect your well-being.

    1. Check For Injuries And Get Help — Assess yourself and your passengers for injuries.  If anyone is seriously injured, call 911.  Never move an injured person unless there’s an immediate danger, like a fire or oncoming traffic.
    2. Contact The Authorities — Even if you’ve already called 911, ensure the local police or sheriff’s department has been notified.  If you can’t make the call due to a poor signal or other limitations, try to signal for help from others.
    3. Exchange Information — Exchange names, addresses, phone numbers, insurance details, and driver’s license numbers with all involved parties.
    4. Gather Evidence — Take photos of all vehicle damage, the scene, and any visible injuries.  Include nearby landmarks, traffic signs, and skid marks to provide context.
    5. File A Police Report — When the police arrive, provide them with the facts of what happened without speculating or assigning blame.  Record the officers’ names and badge numbers, and get a reference number for the police report before you leave.
    6. Notify Your Insurance Company — Contact your insurance provider and provide them with the details and evidence you’ve gathered.
    7. Consult An AttorneyCar accident lawyers can assist you in navigating the legal process, ensuring that your rights are protected.  They can also work with accident reconstruction experts to build a strong case.  Having a skilled lawyer by your side not only increases the likelihood of a favorable outcome but also allows you to focus on your recovery.
    Do I Have To Call The Police After A Car Accident?

    In California, the law requires that you immediately report any accident involving death or serious injury to the authorities.  This is crucial for legal compliance and ensuring the accident scene is properly documented.  The police will investigate, gather evidence, and create an official report that could be vital for any subsequent legal proceedings or insurance claims.

    Failing to report a fatal accident can result in severe legal consequences, including criminal charges.  Also, contacting the police helps ensure that medical and emergency services are promptly dispatched to the scene, which could be crucial in preventing further harm.

    When Can I File A Lawsuit After A Fatal Car Accident?

    In California, you can file a wrongful death lawsuit if a family member has died as a result of a car accident.  The state allows a two-year window from the date of death to initiate legal proceedings for wrongful death claims.

    Consult with experienced lawyers handling wrongful death cases soon after the incident.  Your attorney will help you understand your legal options and guide you through the steps needed to know who is responsible for the car accident.  They can also help you file a claim, ensuring all necessary procedures are followed.  Together, you can maximize your chances of a successful outcome and ensure that you meet all legal deadlines for pursuing justice on behalf of your loved one.

    Is It Worth Hiring An Attorney After A Fatal Car Accident?

    Yes, hiring an attorney after a fatal car accident is highly advisable.  An experienced lawyer for car accident cases can help secure fair compensation for the deceased’s family and seek justice for their loss.

    When a loved one dies in a car accident, the legal process can be complicated and emotionally challenging.  An attorney specializing in wrongful death cases can navigate these issues to ensure the claim is thoroughly investigated and all damages are pursued.  They handle negotiations with insurance companies, gather necessary evidence, and represent the family in court if needed.

    Aside from the cost of hiring an attorney, people also ask, “Do I need to hire a personal injury lawyer?” or “Will the car insurance company deal with the other insurance provider?” Note that insurance companies operate to make a profit.

    By working with one of the biggest personal injury law firms in California, you will understand the importance of choosing a specialized personal injury lawyer.  They enhance your chances of obtaining the payment needed to cover funeral costs, medical expenses, and other financial impacts of the loss.  A personal injury attorney can also help ensure accountability in the aftermath of a tragic event.

    Should I Give A Statement Or Sign A Medical Release For The Other Driver’s Insurance Adjuster?

    No.  Insurance companies often position themselves as trustworthy and supportive, but their primary goal is to protect their interests, not yours.  When an insurance adjuster requests a recorded statement, they aim to gather information that could be used against you later.  Similarly, signing a medical release gives them unrestricted access to your medical history, which could be exploited to minimize your claim.

    In the case of a fatal car accident, it’s even more critical to be cautious.  That’s why it is important to find the right lawyer for your accident case.  They can oversee the collection of medical records and ensure that only relevant information is shared when pursuing a settlement.  A car accident lawyer protects your rights and strengthens your position when seeking justice for your loved one.

    How Much Does An Attorney Cost For A Fatal Car Accident?

    The cost of hiring an attorney depends on the payment structure agreed upon.  Most lawyers who specialize in car accident cases, including those at Arash Law, work on a contingency fee basis.  Clients don’t need to pay any fees upfront.  Instead, the attorney’s payment is a percentage of the settlement or award they receive.

    For fatal car accident cases handled by Arash Law, the contingency fee is generally between 33% and 40% of the final settlement or judgment.  This arrangement allows you to access legal representation without immediate out-of-pocket expenses, making pursuing justice for your loved one easier.  The car accident attorney only gets paid if you win the case or reach a settlement, aligning their interests with achieving the best possible outcome for you.

    How Long Does An Insurance Company Have To Investigate A Claim In California?

    In California, insurance companies are required to either settle or deny a claim within 40 days after receiving proof of claim, as specified by the California Department of Insurance.  Insurance companies must review all provided evidence, including accident reports, medical records, and other relevant documentation.  They must decide within the 40-day timeframe to ensure that claimants receive prompt compensation.  If the insurance company fails to act within this period, it may face penalties for not adhering to state regulations.

    Families dealing with fatal car accidents must stay informed about their rights and the deadlines insurance companies must follow.  They should consult a car accident lawyer to ensure the claim is processed efficiently and all necessary documentation is properly submitted.

    Where Do I File A Fatal Car Accident Report?

    You must file a car accident report with the local law enforcement agency and the California Department of Motor Vehicles (DMV).  If you call 911 from the accident scene, the responding police officers from the jurisdiction where the accident occurred will complete and file the initial report.

    Additionally, if there were any injuries or significant damage, you must file a report with the DMV within ten days of the accident.  You can file online through the DMV website, ensuring your records are updated according to state requirements.

    Where Can I Get A Copy Of A Car Accident Report In California?

    You can get a copy of an accident report from the local authorities that investigated the crash.  If the California Highway Patrol (CHP) was involved, you can request the report online through their website.  Alternatively, if a local law enforcement agency, such as city police or county sheriffs, handled the investigation, you should contact their office directly to obtain a copy of the report.

    If you hire car accident lawyers, they will typically obtain a copy of the accident report as part of their investigation into your claim.  They will not only acquire this report but will also manage all aspects of your wrongful death case.  This includes gathering additional evidence, dealing with insurance companies, and representing you in court if necessary.  Hiring a car accident lawyer ensures that every aspect of your case is carefully examined and all possible ways to get justice are considered, especially after a fatal accident.

    Can I File A Car Accident Lawsuit In California Even If I’m Not A Legal Citizen?

    Yes.  You can file a personal injury lawsuit in California even if you are not a legal citizen.  California’s personal injury laws ensure that all victims, regardless of residency status, can pursue justice and recover damages for injuries or losses due to someone else’s negligence.  Your immigration status cannot be used against you in a wrongful death claim.  You are entitled to the same legal protections and rights as any other state resident.

    Let Our Fatal Car Accident Lawyers Bring Justice For Your Loved One

    We all know that dealing with the aftermath of a fatal car accident is a very challenging experience for any family.  The emotional and financial burdens can be overwhelming.  However, having the right legal support can make a significant difference during this difficult time.

    Our lawyers specializing in car accident cases are committed to protecting your rights and securing the highest settlement possible.  We are here to answer your questions, address your concerns, and guide you through the claim process.  Call us today at (888) 488-1391 for a free case review.  Our firm is available 24/7 to assist you.

    We serve various locations, including Sacramento, Long Beach, Oakland, Bakersfield, Anaheim, Stockton, Riverside, Irvine, Santa Ana, Chula Vista, Santa Clarita, San Bernardino, Fontana, Modesto, Oxnard, Huntington Beach, Glendale, Ontario, and Elk Grove.

    Recover Lost Wages, Property Damages, and Medical Fees.
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    We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.

    DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

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    The January 2025 wildfires in Southern California forced thousands of residents to evacuate and caused extensive damage to homes and businesses. Tragically, 24 lives were lost as of January 13, 2025. Wildfires spread quickly, especially in high-risk areas like California....
    In the year 2024 alone, 61,685 wildfires were recorded by the National Interagency Fire Center (NIFC). These fires collectively burned around 8,851,142 acres of American land. As reported by the California Department of Forestry and Fire Protection (CAL FIRE), there...
    Driving during wildfires can be extremely dangerous. Thick smoke can drastically reduce visibility, rendering even the most familiar routes treacherous. Fallen branches, downed power lines, and other debris can block your path while encroaching flames can sever escape routes. In...

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