Fighting For Those Who Have Lost a Loved One Due to Negligence in California
Nothing can prepare you for the grief and pain of losing a loved one in a car accident. At Fowler | Helsel | Vogt, we would like to make the weeks and months ahead of you at least a little less stressful by helping you prepare for your fatal car accident claim. Our Fresno fatal car accident lawyers have more than 40 years of collective legal experience and a long history of impressive past victories. Perhaps more importantly, we have built a reputation among our peers and clients for being kind, compassionate, and focused. While we dig into the details of your wrongful death claim after a fatal car crash, you can focus on grieving and healing.
“Just tell us what happened—we’ll help from there.”
- Free Consultation
- A real person who listens to your story
- No upfront costs to get started
- Clear next steps you can understand
Common Causes of Fatal Car Accidents
Many fatal car accidents involve larger vehicles crashing into smaller passenger cars. The size difference between the two vehicles causes an enormous disparity in how the force of the impact will be distributed. The smaller vehicle can be crushed, crumpled, or thrown off the road, causing severe or fatal injuries.
Larger vehicles often involved in fatal car accidents are:
- Commercial trucks
- Delivery vans
- Buses
- Trains
Vehicle defects can also contribute to the risk of fatal car accidents. Issues with brakes, accelerators, and airbags, for example, can all be the primary cause of a fatal crash, especially for those involving one vehicle. However, no matter what caused your loved one’s fatal accident, we can help you file the accident claim and even pursue a lawsuit in court if needed.
“We’ll help you make sense of what’s next.”
- Straight answers, not legal jargon
- Help dealing with insurance headaches
- Regular updates—never left wondering
- A team that treats you like a person.
Consulting with Experts for Better Evidence
Proving liability with useful evidence is important after a car accident, but it is even more important when the stakes are raised, such as after a fatal car accident. Our Fresno fatal car accident attorneys can look for useful evidence in various locations and forms, such as eyewitness statements and first responder reports. When the evidence of liability feels incomplete or we would like to do more work to ensure your claim is as strong as it can possibly be, we can discuss hiring additional experts with you.
Two experts who can help investigate your claim further are:
- Crash reconstruction experts: Sometimes, the details of a fatal car accident are muddled because severe accidents often cause total disarray around the crash site. A fatality also reduces the number of people who can be asked firsthand about what happened. Hiring a car accident reconstruction expert might become necessary. They are specially trained to piece the details of even the most complex crashes back together, showing exactly what happened.
- Medical specialists: Records from medical providers can help show what caused the fatal injuries when the liable party tries to convolute matters. Certain injuries might require an in-depth analysis, though, which calls for the assistance of medical specialists, like neurologists.
“We’re here when things feel overwhelming.”
- No pressure—just honest guidance
- We take the time to get it right
- We fight for what’s fair, not quick
- We stay with you from start to finish
Who Is Eligible to File a Fatal Car Accident Claim?
In California, specific individuals have the legal right to file a wrongful death claim following a fatal car accident. The state’s wrongful death laws outline the order of priority for claimants:
- Immediate Family Members: Spouses, domestic partners, and children are typically the first in line to pursue a claim.
- Other Dependents: If the deceased person has no surviving spouse or children, other relatives who were financially dependent on them—such as parents or siblings—may be eligible to file.
- Personal Representatives: In some instances, the personal representative of the deceased’s estate may pursue legal action to seek damages for the benefit of surviving family members or the estate itself.
How to Prove Negligence
This requires establishing the following key elements:
- Duty of Care: Every driver on the road owes a duty of care to others. This duty requires them to operate their vehicle safely and follow traffic laws.
- Breach of Duty: A breach happens when a driver fails to uphold their duty of care. Examples include speeding, driving under the influence, distracted driving, or ignoring traffic signals.
- Causation: It must be proven that the driver’s breach of duty directly caused the fatal accident. This often involves connecting their actions to the crash through evidence like accident reports, witness statements, and expert testimony.
- Damages: Finally, you must demonstrate that the breach of duty resulted in specific damages, such as loss of income, funeral costs, or the emotional toll of losing a loved one.
“Start with a real conversation. We’ll take this on with you.”
- We handle the paperwork & phone calls
- We explain everything in plain language
- We move things forward while you recover
- We’re easy to reach when you need us
