In California, wrongful death is defined as the death of a victim due to the negligence or wrongful act of another person or entity. Los Angeles fatal car accidents could allow you to file a lawsuit for wrongful death as a survivor of a loved one if the other driver could reasonably have avoided the collision. While nothing can replace the loss of your loved ones, a wrongful-death lawsuit could bring justice and compensation to your family.
Los Angeles, California: What causes fatal car accidents?
The other driver, or another person who caused or contributed to the death of your loved one in a fatal car accident may be financially responsible. Los Angeles’s leading cause of fatal motor vehicle collisions is driver error.
Many driver mistakes can put lives at risk by putting others in their path. These are some of the most common fatal driver mistakes:
- Driving and texting
- Use of alcohol and drugs
- Driving recklessly and aggressive
- Tailgating
- Drunk driving
- Excessive speeding
- Violation of road rules
- Stop signs and running red lights
- Unsafe lane changes
- Illegal turns
Negligence is when a driver is reckless behind the wheel, which can lead to a collision. Reckless drivers are those who know that their actions pose a danger to others, but still do them. California drivers can be held responsible for fatal car accidents if they make mistakes.
Is it possible to sue for wrongful death after a fatal car accident?
California law allows you to file a lawsuit against someone for wrongful death depending on the circumstances surrounding the accident. To file a valid wrongful-death lawsuit, you must prove the following elements as a survivor of a loved one who was killed in an automobile accident.
- The defendant owed a duty to the decedent. It must have been legally responsible to protect your loved one. California law gives all drivers a duty to ensure that they do not injure anyone else.
- The defendant violated his or her duty to care. He or she must have committed an error or wrongdoing which was not within the scope of the duty.
- The defendant was responsible for the fatal car accident.
- Compensation for losses sustained. Your loved one must have suffered financial or noneconomic losses, such as lost earnings, companionship, and care.
These elements can be proven more likely than not by you or your lawyer if you are able to prove them. You can usually get a settlement or verdict for your loved ones and pay them for their tangible and intangible losses.
Summarized from an article by Rose, Klein & Marias Injury Lawyers.
