What Happens When A Drunk Driver Causes A Fatal California Crash?
Losing a loved one in a crash caused by a drunk driver is incredibly difficult for any family. The emotional toll can be sudden and affect daily life in many ways. Families who lost loved ones in San Francisco often want to know what happened, why it happened, and what legal steps they can take. While no legal process can bring back a loved one, California law does give certain family members a way to seek accountability and financial support from those responsible. Learning about your rights under California wrongful death laws can help you protect your family’s future.
If someone drives while impaired by alcohol and causes a deadly crash, they can face both criminal charges and civil lawsuits. Prosecutors handle the criminal case, which can lead to jail time, fines, probation, or other penalties. A wrongful death claim is different and is filed by surviving family members. According to California Code of Civil Procedure § 377.60, certain relatives like spouses, domestic partners, children, and other eligible heirs can file a wrongful death lawsuit if a loved one’s death was caused by someone else’s wrongful actions or negligence.
How Liability Is Established In A Drunk Driving Fatality Case
California law makes it illegal to drive under the influence of alcohol, as stated in California Vehicle Code § 23152 and §23153. If a driver was drunk during a fatal crash, this can help prove negligence in a wrongful death case. Still, showing liability usually requires more than just proof of intoxication. Other evidence can include police reports, witness statements, toxicology results, accident reconstruction, surveillance videos, and electronic data from vehicles.
In some cases, additional parties may share responsibility. For example, a company that negligently entrusted a vehicle to an impaired driver or another party whose conduct contributed to the collision may also face liability. Identifying all responsible parties is often critical because it may affect the compensation available to surviving family members.
Damages Available In A California Wrongful Death Claim
California Code of Civil Procedure § 377.61 allows surviving family members to seek compensation for losses after a loved one’s death. This can include lost financial support, the value of household services, and the loss of love, companionship, comfort, care, help, protection, affection, society, and moral support.
Juries in California can look at the full impact of the loss on the family. Each case is different, and the value of a claim depends on things like the person’s age, health, income, family ties, and what they would have contributed in the future.
Time Limits For Filing A Wrongful Death Lawsuit
California has strict deadlines for filing wrongful death claims. Usually, families have two years from the date of death, as stated in California Code of Civil Procedure § 335.1. If you miss this deadline, you may not be able to seek compensation. Since evidence can be harder to find over time, it’s best to look into the crash as soon as possible.
FAQs About Fatal Drunk Driving Accidents In California
Can A Family File A Wrongful Death Claim If The Drunk Driver Is Criminally Charged?
Yes. Criminal cases and wrongful death lawsuits are separate. Even if there are criminal charges, families can still file a civil wrongful death claim to seek compensation.
Who Can Bring A Wrongful Death Lawsuit In California?
California Code of Civil Procedure § 377.60 lists which family members can file a wrongful death claim. This usually includes spouses, registered domestic partners, children, and sometimes other heirs, depending on the situation.
What If The Drunk Driver Was Not Convicted In Criminal Court?
A wrongful death claim may still be successful even if there is no criminal conviction. Civil cases have a different burden of proof than criminal proceedings.
How Is Negligence Proven In A Fatal Drunk Driving Case?
Evidence may include blood alcohol test results, police investigations, witness testimony, accident reconstruction reports, surveillance footage, and other evidence demonstrating impaired driving and causation.
Can Multiple Parties Be Held Responsible For The Fatal Crash?
Yes. Depending on the facts, more than one party may share liability. A thorough investigation may uncover additional individuals, businesses, or entities whose conduct contributed to the collision.
How Long Does A Wrongful Death Case Take?
The timeline varies depending on the complexity of the case, the extent of the investigation, insurance issues, and whether the matter settles or proceeds to trial. Some cases resolve within months, while others take significantly longer.
What Happens If The Drunk Driver Has Limited Insurance Coverage?
Additional sources of recovery may be available depending on the circumstances. These can include other liable parties, employer liability claims, commercial insurance policies, or uninsured and underinsured motorist coverage.
Why Is Early Investigation Important?
Critical evidence can disappear over time. Witness memories may fade, surveillance footage may be erased, and vehicles may be repaired or destroyed. Prompt investigation often helps preserve important evidence needed to prove liability.
Contact The Wrongful Death Lawyers Bracamontes & Vlasak For Your Free Consultation
When a drunk driver causes a fatal crash, surviving family members deserve answers and accountability. At Bracamontes & Vlasak, we help families pursue wrongful death claims arising from serious and fatal motor vehicle collisions throughout California. We work to investigate the circumstances of the crash, identify all responsible parties, and seek the compensation families are entitled to pursue under California law.
If you lost a loved one in a fatal crash caused by a drunk driver, call the San Francisco fatal car accident attorneys at Bracamontes & Vlasak today at 415-835-6777 to for a free consultation. Our office is located in San Francisco, and we represent injury victims and families throughout the Bay Area and across the State of California.
