Nobody climbs into a car thinking it will be their last trip; unfortunately, with the heavy reliance on vehicles in Wildomar and prevalence of negligent behavior behind the wheel means that fatal car accidents are unfortunately a common occurrence in the area. According to the National Highway Traffic Safety Administration, over 36,000 people were killed in traffic collisions nationwide in 2018 and California reported over 3,600 traffic fatalities in 2017. California’s Office of Traffic Safety reported 128 traffic injuries and fatalities in Wildomar in 2016 alone. These unfortunate accidents only become more tragic considering nearly 80 percent occurred due to some form of distracted driving and could have been avoided with proper care. If you lost a loved one in a traffic collision, speak to an experienced Wildomar Fatal Car Accident Attorney to learn if you may be entitled to compensation for your loss.
Risk of Fatal Car Accidents
Even though Wildomar is a relatively small town of 37,000, its location puts at motorists and others on the road at risk for fatal car accidents on a regular basis. A heavy commuter population, the busy 15 freeway nearby, and the third-busiest county for large commercial truck routes in the state all combine to create dangerous roadways and situations involving tragic loss of life. The heavy traffic, prevalence of improper behavior behind the wheel, and fact that 61 percent of fatal accidents occur in urban areas near Wildomar means everyone is at risk and lives can change in an instant. In 2019, there have been serious and fatal injuries from wrecks on Bundy Canyon Road and near Cereal Street and Corydon Road occurring in the span of less than a week.
What Causes Fatal Car Accidents?
Though some fatal car accidents are truly nobody’s fault, the majority of these collisions and resulting fatalities happen due to someone’s negligence behind the wheel of a car. Though distracted driving behavior like texting and driving is the most common culprit of motor vehicle accidents, there are several other inappropriate behaviors that can cause car accidents and unnecessary loss of life on roads in and around Wildomar.
- Tailgating
- Equipment Failure
- Speeding – even an extra 5 mile per hour increase in the speed limit can increase fatalities from a collision by 8 percent
- Running red lights and stop signs
- Drunk Under the Influence of Drugs or Alcohol
- Drowsy driving – drivers operating a vehicle while tired are just as dangerous as drunk drivers.
Though this is not an exhaustive list of negligent behaviors, these behaviors all occur far too regularly and can render drivers, manufactures, and even auto repair shops at fault for the collision and liable for the deceased’s injuries.
Who Is Able to Sue for Fatal Car Accident Injuries?
Unfortunately, the person killed in a fatal car accident can’t sue for their injuries, so they will never be made whole for the tragedy that occurs. However, other parties may be able to recover for the harm done. In some cases, if the victim didn’t die immediately in the accident, a representative of the victim’s estate may bring a survival action lawsuit to recover for injuries the victim suffered between the time of their injury and their eventual death.
Additionally, eligible family members may also bring a wrongful death claim for injuries personally sustained from the death. The first class of eligible survivors are the deceased’s:
- Children,
- Surviving spouse or registered domestic partner, and
- Living grandchildren (if the grandchild’s parent is a deceased child of the casualty).
If these relatives don’t exist, other relatives may bring suit if they can show they were financially dependent on the deceased. This class includes the deceased’s stepchildren, parents, putative spouse or children of a putative spouse.
How Do I Win My Claim?
Victims who have lost a loved one in a fatal car accident commonly seek compensation for their injuries by filing a lawsuit alleging they were harmed due to someone’s negligent behavior. If you can establish the defendant owed you a duty of care, breached it through act or omission, and caused your harm due to the breach. If you can prove these elements exist, the defendant will be deemed to have acted negligently and is liable for your injuries unless a valid defense exists.
What Can I Recover for My Injuries?
If someone’s negligence caused the fatal car accident that killed your loved one in Wildomar, you may be entitled to an award of damages. Though nothing will bring your loved one back, courts may award compensatory damages and, in some cases, punitive damages.
The estate of deceased may bring a survival action and be awarded damages for the injuries suffered between infliction of the deceased’s injuries and their eventual death. This can include medical expenses, lost wages, property damage, or even burial expenses. An estate may also receive punitive damages at the court’s discretion meant to compensate for a defendant’s vile, reprehensible behavior.
In a wrongful death action, eligible family members may recover compensatory damages intended to make them whole for:
- Loss of the financial support expected from the deceased,
- The value of the deceased’s love, affection, and companionship lost from the accident, and
- Loss of the value of services contributed to their household by the deceased.
However, family members are ineligible to recover any punitive damages when pursuing their wrongful death claim.
Because it can be tricky to establish causation and tie a defendant’s breach to your harm, it’s helpful to consult with an experienced Wildomar Fatal Car Accident Lawyer to understand what you may be able to recover and avoid costly legal pitfalls in your case.
Speak with an Attorney
Nothing can ever make up for the loss of a loved one in a fatal car accident, but contacting the experienced Wildomar Fatal Car Accident Attorneys at Walton Law, APC can help you put the best foot forward for recovery. We can protect your legal rights and fight for you to receive well-deserved compensation from this unspeakable tragedy. Our attorneys have spent years providing comprehensive, dedicated representation for victims like you and have recovered millions in compensation to help them get their lives back. Contact us today to schedule your no risk, no obligation evaluation 24/7 at (866)-338-7079 or through our online Contact Page. There is no charge, and you pay nothing until we win your case. Let us help you to secure the best possible outcome from this unfortunate situation.