Car Accident Resulting in Death
Car accident injuries can range from mild to fatal, with an enormous space in between. Unfortunately, even low-speed collisions can cause significant injuries. According to the national Fatality Analysis Reporting System, or FARS, thousands of serious accidents are reported each year. FARS’ statistics showed that in 2008 alone, 34,017 people were killed in motor vehicle accidents with others killed each successive year.
If your family has been impacted by such a traumatic event, then the offices of the Ehline Law Firm PC stand ready to assist you. Most of all, we can help you through this traumatic time legally speaking. Let our esteemed firm and its sterling reputation work at making your life whole again. Call us for a free consultation today at (888) 400-9721.
Table of Contents:
How Fatal Auto Accidents Happen
Millions of travelers head to work, school, or vacation in their passenger cars each and every day. While most folks get to their destination without incident, thousands are involved in motoring accidents every year. In fact, every 12 minutes there is a fatal car accident. There are many reasons for these tragedies, including:
- Distracted drivers
- Poor roadway conditions
- Poor weather conditions
- Mechanical failure
- Driver impairment caused by the use of alcohol or drugs.
The State of California holds a wrongful death claim (defined here), as a civil claim, unlike murder. Thus, it is based on a civil action brought as a tort. Furthermore, even cases that are not prosecuted criminally can be brought about as a wrongful death action. Because of this, this is especially true in cases of vehicular manslaughter claims. Also, it is not considered double jeopardy to have a civil and criminal case arising out of the same set of facts. Picking up the pieces is the hardest part.
Burden of Proof and Negligence Per Se
The burden of proof is much lower in a tort action. Also, it is usually based upon a preponderance of the evidence instead of clear and convincing evidence. Conversely, it is not proof beyond a reasonable doubt (as required in criminal cases). (see the below video.)
Hence, generally, your Los Angeles car accident attorney, will be unable to argue that the damages were negligence per se. But civil courts allow this type of inferred negligence in, however, when the criminal case convicts the defendant.
No matter what the case, only a trained legal professional can accurately size up each situation. A firm like Ehline Law Firm PC can build your case brick by brick. Hence, we make sure that we can try to fill the large gap in your life in any way we can.
What Happens After a Fatal Auto Accident?
After such a disaster, the living members of the family could be faced with severe issues. Beyond the clear emotional trauma caused, there could be issues with insurance companies. Most of all they get caught attempting to withhold or lower payments rightfully deserved. Also, large medical bills could be piling up.
Most relevant here, the insurance company should be expected to step up. Furthermore, fighting a large insurance corporation alone is a daunting task. Consequently, this should not be taken on without a skilled attorney.
These companies are used to thousands of claims like these. So they have devised strategies and policies to try and keep money from those that need it. Also, there are also issues, such as the insurance or lack thereof of the other driver. Also, how much responsibility they take on will determine the payout.
Insurance companies may seem to care over the phone but be tightfisted when needed. Don’t let such a company hold back on your family in your time of need. Besides, you have enough to worry about as it is. Ehline Law Firm has settled similar cases with large settlements for victims and their families. Probably it’s a good idea to call us for a free, no-pressure consultation. We are standing by today at (888) 400-9721.