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San Diego Fatal Car Accident Lawyer

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A car accident is a painful and traumatic experience, sometimes resulting in the worst possible scenario—the sudden tragic death of a loved one. Whether your family member died in a car accident alone, or you were injured in a car accident with your loved one and they didn’t survive their injuries, the grief and anguish are overwhelming. When the accident was preventable if only another driver had taken reasonable care, it adds to the tragedy of the loss.

Nothing can bring a lost family member back to their loved ones, but when financial burdens caused by the death compound the weight of grief for those left behind, there is legal recourse to recover compensation for that portion of their loss. Contact the San Diego personal injury lawyers today to get justice for your loved one.

Common Causes of Fatal Car Accidents in San Diego

Wearing a seatbelt properly helps to reduce the chances of suffering fatal injuries in a car accident, but it doesn’t erase the risk completely. Some car accidents are catastrophic to motorists due to the tremendous crash force and structural damage to the vehicle during the crash. Common causes of catastrophic injuries and fatalities in car accidents in San Diego include the following:

  • Distracted driving
  • Speeding
  • Drunk driving
  • Failure to yield the right of way
  • Running red lights and stop signs
  • Unsafe lane changes
  • Aggressive or reckless driving

When someone else’s actions cause fatal injuries in a car accident, close family members may recover compensation for economic and non-economic damages through a car accident wrongful death claim against the at-fault driver or other liable entity such as a negligent road maintenance agency or the manufacturer of a defective car part, depending on the cause of the accident.

Proving Liability After a Fatal Car Accident in California

California is a fault-based insurance state with a pure comparative negligence insurance system that requires an injury victim or the family member of a fatally injured victim to prove the at-fault party’s negligence caused the accident, leaving them liable for damages. This requires documenting evidence that meets the requirements for liability. The deceased individual’s closest family member, such as a spouse, parent, or adult child has the burden of proving that the at-fault party owed a duty of care to take reasonable measures to prevent injury or death to others on the road, they breached this duty through negligent or reckless driving, and that their negligence directly caused the death. Finally, a successful car accident claim after a fatality requires proving that the family members suffered financial damages from the death as well as emotional damages.

What Compensation Can Family Members Recover After a Car Accident Fatality in San Diego?

After the shock of the tragedy, grieving family members sometimes face further dismay at the financial hardship caused by the death, particularly if the loved one was a family provider or provided important services in the home like raising children or caring for the household. A successful claim for compensation relieves the secondary distress of expenses so family members can focus on saying goodbye to their loved one. Compensation typically covers damages like medical expenses from the accident, funeral and burial costs, loss of income and benefits, loss of household service, and emotional grief and anguish.

No one should handle a crucial claim like this without skilled legal representation. Insurance companies commonly dispute expensive car accident claims or offer unreasonably low settlements. An experienced San Diego car attorney from Haffner & Morgan, LLP can defend your rights and safeguard your financial interests so you can focus on recovering from your loss. Contact us online today to schedule your free consultation.