Fatalities in Vehicle Accidents in San Francisco
Traffic accident fatalities are always a tragedy. A victim’s heirs suffer not only the pain and loss of their loved one but also the financial burden the death involves, and they should file a wrongful death claim if possible.
Fatal vehicle accidents claim thousands of lives across the nation every year. Each year, pedestrians, motorcyclists, and other drivers suffer fatal injuries. Although those numbers are declining, the City and County of San Francisco, like other Bay Area municipalities, continues to see traffic fatalities. As people return to normal activities after the lifting of Covid restrictions, these numbers may rise.
Serious vehicle accidents often occur at night and often involve the use of alcohol by one or more drivers. These accidents often result in a fatality, either at the scene or later in an Emergency Room. Sometimes, excessive speed is a part of the mix. Other times, road conditions can be a problem. Sometimes, a driver can fall asleep at the wheel. Often, these conditions can be found in combination. When a car accident victim dies, and another person is at fault, the victim’s family can bring a wrongful death action against the responsible party or parties and should speak with a San Francisco wrongful death lawyer.
Wrongful Death Cases
Wrong death claims can be brought when a person dies because of the legal culpability of another. This legal culpability may be grounded in the negligent actions of another or in their intentional actions. In vehicular accident cases, the culpability is usually based on their negligent actions. Examples of other types of wrongful death cases involve such things as medical malpractice and product liability.
Who Can Bring a Wrongful Death Claim?
California law dictates who can bring a wrongful death claim. Only surviving family members can bring a wrongful death claim. A spouse registered domestic partner, child, sibling, or parent may file a wrongful death claim. Grandchildren of the decedent may bring a wrongful death claim if the decedent’s children have passed away. Anyone who would be entitled to take from the deceased person’s estate under the state’s intestacy laws may file suit. The deceased’s legal guardian may also bring a wrongful death claim in California.
Possible Defendants in a Vehicle Fatality Wrongful Death Claim
Most of the time, wrongful death traffic fatality claims are grounded in negligence. In California, negligence is defined as the failure to use reasonable care to prevent foreseeable harm to another. That can mean that a driver is traveling at a speed that is over the posted speed limit or that the driver has had a glass of wine before getting behind the wheel of a car. The question here is always whether a reasonable person in the same or similar circumstances would have acted in the same or similar manner. In addition, negligence must have been the actual and legal cause of the accident victim’s death.
Most often, the defendant in this type of case is the driver of the other vehicle. However, the driver’s employer may also be a named defendant if the driver was engaged in their regular duties, acting within the course and scope of their employment at the time of the accident.
If road conditions caused the accident or were a part of the issue causing the accident, a wrongful death claim may be brought against a person or entity that either created the hazard, or that had a duty to warn of the hazard and failed to do so.
Finally, some traffic fatalities involve a faulty or defective automobile part. This can be the case if new brakes fail, for example. When this is the case, the manufacturer, dealer, or another responsible person may be a possible defendant in addition to the driver of the other vehicle.
The Role of Negligence Per Se in Vehicular Wrongful Death Claims
The California Vehicle Code is a collection of laws meant to keep people safe on the roadway. When breaking one of those laws results in a death, it could be that the claimant can bring a negligence per se action against the culpable party. This creates a presumption of negligence on the part of the culpable party. This can make it easier to win a wrongful death action. Negligence per se actions is grounded in the violation of a code or statute. An example may help.
California’s prohibition regarding drinking alcohol and driving is meant to protect others on the road. If a person’s BAC (Blood Alcohol Content) is above the legal limit in California and that person slams into another car that is stopped at a stop sign, that violation creates a presumption of negligence. Resolving the issue of liability is a big hurdle to resolving a wrongful death case.
Damages in a Vehicular Fatality Wrongful Death Case
California law limited the type of damages that an heir can collect in a wrongful death case. That is because these damages are meant to compensate the heir for the support that they would have received from the victim if the accident did not happen.
Most economic and non-economic damages are allowed. These damages can include such things as burial expenses, lost financial support, lost gifts, and other benefits due to the death, the loss of affection, companionship, protection, and sexual relations. However, the typical pain and suffering damages that we associate with negligence claims are non-compensable. These belong to the victim, not to the victim’s heirs. So, too, in most cases, punitive damages are not allowed.
Statute of Limitations
California law generally provides a two-year statute of limitations in the case of a wrongful death claim. That means that any claim must be brought within two years of the date of death.
Wrongful death cases can be complex and usually must be handled in the middle of grieving the loss of a loved one. These cases are usually best handled by an attorney who specializes in that field. Getting the help of a San Francisco wrongful death lawyer can put your mind at ease.
Free Consultation with a San Francisco Wrongful Death Lawyer
At Cartwright Law Firm, our San Francisco wrongful death lawyers know that you have lost someone whom you care deeply about. A wrongful death action can’t bring back your loved one, but it can help to ease the economic loss. We provide a free consultation to see what we can do for you. Contact us today online, or call 415-433-0444 in San Francisco or 707-901-3020 in the North Bay.
