How To Prove Negligence After Losing a Loved One in An Oakland Car Accident
Losing someone you love in a sudden car accident is something no one can ever fully prepare for. As wrongful death attorneys in Oakland, we’ve worked with many families going through unbearable grief and confusion. One of the most important steps after a fatal crash is determining whether negligence caused the accident. Proving negligence is the foundation of any wrongful death claim in California, and it’s something we take seriously on behalf of every client we represent.
To hold another driver or party legally responsible, California law requires you to show that they acted negligently and that this negligence caused your loved one’s death. This process involves evidence, legal strategy, and a deep understanding of what the law requires. Under California Code of Civil Procedure § 377.60, certain surviving family members have the right to pursue compensation through a wrongful death lawsuit. Our goal is to help you understand this process clearly and fight to hold the responsible party accountable.
Elements Necessary To Prove Negligence
To prove negligence, we must establish four elements: duty, breach, causation, and damages. Every driver in California owes a legal duty to operate their vehicle safely. When they fail to do so—by speeding, texting while driving, or ignoring traffic signals—they breach that duty. If that breach caused the accident that took your loved one’s life, and there are measurable damages, we can bring a strong wrongful death claim.
We rely on a combination of police reports, witness statements, video footage, accident reconstruction experts, and medical records to build your case. In some situations, we may subpoena cell phone records or driving logs, especially in commercial vehicle cases. We also look into whether road design, mechanical failure, or a defective vehicle part contributed to the crash, in which case other parties may be liable under California’s product liability laws.
Under California Civil Code § 1714, every person is responsible for injuries caused by their lack of ordinary care. This statute plays a central role in wrongful death lawsuits arising from negligence. Once negligence is proven, surviving family members may recover compensation for economic and non-economic damages, including lost income, loss of companionship, affection, moral support, and guidance.
As personal injury attorneys, we’re committed to guiding your family through every legal step while giving you the space to grieve. We cannot undo the loss, but we can fight for the accountability and justice your loved one deserves.
Frequently Asked Questions About Wrongful Death Claims In Oakland Car Accidents
What Kind Of Compensation Can I Recover In A Wrongful Death Claim?
Under California Code of Civil Procedure § 377.60, eligible survivors may recover economic and non-economic damages. Economic damages can include the deceased person’s lost income and the value of household services they would have provided. Non-economic damages include loss of companionship, support, guidance, and affection. Every case is different, and the amount depends on the facts and strength of your case.
Who Is Allowed To File A Wrongful Death Lawsuit In California?
California law limits wrongful death claims to specific family members. This typically includes the deceased person’s spouse, domestic partner, children, or, in some cases, stepchildren or dependent minors. If none of those parties exist, other relatives like parents or siblings may be eligible. The law is clear on eligibility under California Code of Civil Procedure § 377.60, and we can help you determine if you qualify.
How Long Do I Have To File A Wrongful Death Lawsuit In California?
In most cases, you must file a wrongful death claim within two years from the date of your loved one’s death. This is known as the statute of limitations, outlined under California Code of Civil Procedure § 335.1. Failing to file within this period typically means your case will be dismissed. Acting quickly is essential, especially to preserve evidence and protect your rights.
What Evidence Is Used To Prove Negligence After A Fatal Car Accident?
We often use accident reports, traffic camera footage, eyewitness testimony, expert accident reconstruction, and vehicle damage assessments. Cell phone records, black box data, and toxicology reports may also be important. The goal is to show that the other party violated their legal duty of care, which caused the crash that resulted in your loved one’s death.
Can I Still Bring A Claim If My Loved One Was Partially At Fault?
Yes. California follows a pure comparative fault rule under California Civil Code § 1431.2. This means your claim is not barred even if your loved one was partly responsible. However, compensation for non-economic damages may be reduced by the percentage of fault assigned to them. For example, if your loved one was 30% at fault, the family may recover 70% of the total non-economic damages.
What Happens If The At-Fault Driver Died In The Crash Too?
You can still bring a wrongful death claim against the deceased driver’s estate. Their insurance coverage and any other liable parties, such as employers or vehicle manufacturers, may still be responsible for damages. These cases are more complex but still legally valid and worth pursuing with the right legal support.
Is A Criminal Charge Necessary To Prove Wrongful Death?
No. Criminal charges are not required for a successful wrongful death claim. These are civil cases, and the legal standard is different. Even if the driver is not charged or is acquitted in criminal court, you can still win a civil wrongful death case with enough evidence of negligence.
Can I Bring A Wrongful Death Claim If I Wasn’t Legally Married To The Victim?
Possibly. If you were a registered domestic partner or can prove financial dependence, you may qualify under California’s wrongful death statute. Each case is unique, and we’ll look at your relationship, shared financial responsibilities, and any dependent status to determine eligibility.
What Is The Difference Between A Wrongful Death Lawsuit And A Survival Action?
A wrongful death claim compensates family members for their personal loss. A survival action, allowed under California Code of Civil Procedure § 377.30, compensates the estate for damages the deceased person suffered before death, such as medical bills or pain and suffering. In some cases, both claims can be filed together to fully account for all losses.
How Can A Lawyer Help With My Wrongful Death Claim?
An experienced wrongful death lawyer can collect evidence, build a strong case, negotiate with insurance companies, and take the case to trial if needed. They understand the legal deadlines and requirements, and they know how to handle the emotional weight these cases carry. Most importantly, they help protect your rights while giving you time to grieve and focus on your family.
Speak With Our Trusted Oakland Wrongful Death Attorney Today
At Bracamontes & Vlasak, we help families throughout the Bay Area and across California who have lost loved ones in fatal car accidents. We are committed to pursuing justice and holding negligent drivers accountable, no matter how complex the case may be.
If you lost a loved one in a car accident and believe negligence played a role, contact our Oakland wrongful death lawyer at Bracamontes & Vlasak by calling 415-835-6777 to receive your free consultation. Our Oakland law office serves injury victims throughout the Bay Area and across California.
