Fatal Car Crashes Burbank
Personal Injury Lawyers Near Burbank For Fatal Car Crashes
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
Burbank serves as a major hub for the entertainment industry, often referred to as the "Media Capital of the World." This distinction brings a daily influx of nearly 50,000 commuters who work in the city but reside elsewhere. Major arteries like the I-5 freeway, State Route 134, and State Route 170 pass through or near Burbank, contributing to significant traffic congestion. The high volume of commercial vehicles, commuters, and tourists creates dense traffic conditions that increase the risk of severe collisions. When these accidents result in a fatality, the surviving family members face complex legal and financial challenges alongside their grief.
Benji Personal Injury Accident Attorneys provides legal guidance to families navigating the aftermath of a fatal car crash in Burbank. Understanding the specific statutes, local liability factors, and procedural deadlines is necessary for protecting the rights of the bereaved.
The Legal Framework for Wrongful Death in California
A wrongful death claim is a civil action brought by the survivors of a person who passed away due to the legal fault of another. This is distinct from a criminal case. While the state may prosecute a driver for vehicular manslaughter or felony hit-and-run, the civil claim is the mechanism through which families seek financial compensation for their loss.
California law defines specific criteria for establishing negligence. Under California Civil Code Section 1714(a) and CACI No. 400 (Basic Standard of Care), negligence is generally defined as the failure to use reasonable care to prevent harm to others. In the context of a fatal crash, this includes driver inattention, speeding, driving under the influence, or violating traffic laws.
Key Statutes Affecting Fatal Accident Claims
Navigating a wrongful death lawsuit involves strict adherence to California procedural codes. The following table outlines critical statutes that influence how these cases are handled.
| Legal Area | Relevant Statute | Implication for the Case |
|---|---|---|
| Statute of Limitations | Cal. Code Civ. Proc. § 335.1 | Families generally have two years from the date of the victim's death to file a wrongful death lawsuit. |
| Government Claims | California Government Code § 911.2 | If a government entity (such as the City of Burbank) is liable, a formal administrative claim must be filed within six months. This deadline is strictly enforced. |
| Owner Liability | CVC § 17150 & 17151(a) | Vehicle owners are liable for death or injury caused by another person operating their car with permission. This allows recourse even if the driver has insufficient insurance. However, this liability is generally limited to $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for property damage in any one accident. |
| Felony Hit-and-Run | CVC § 20001 | Fleeing the scene of an accident resulting in death is a felony. This criminal act can serve as powerful evidence of negligence in a civil claim, often establishing negligence per se. |
High-Risk Areas and Accident Trends in Burbank
Local traffic data indicates that certain corridors in Burbank present higher risks for fatal collisions. Between 2015 and 2020, data highlighted Buena Vista Street as having the highest total incidents. Other intersections with frequent severe collisions include Burbank Boulevard at Victory Place and Olive Avenue at Buena Vista Street.
The California Office of Traffic Safety (OTS) rankings have previously placed Burbank high on the list for specific types of dangerous driving behaviors among comparable cities. In 2021, Burbank ranked exceptionally high for speed-related fatalities and nighttime accidents. These rankings suggest that excessive speed and low-visibility conditions are primary contributing factors to local roadway deaths.
High-profile incidents, such as multi-fatality crashes on Glenoaks Boulevard, have underscored the dangers of street racing in the area. When gross negligence such as street racing or extreme speeding is involved, the legal strategy may shift to include seeking punitive damages, which are designed to punish the wrongdoer rather than solely compensate the victim.
Recoverable Damages for Surviving Family Members
The objective of a wrongful death claim is to provide financial stability to the dependents and heirs of the deceased. Benji Personal Injury Accident Attorneys assists families in calculating the full extent of these damages, which are categorized into economic and non-economic losses.
- Financial Support: The loss of financial contributions the deceased would have provided to the household over their expected lifetime.
- Loss of Services: Compensation for the loss of household services, such as childcare, home maintenance, and other tasks previously performed by the victim.
- Funeral and Burial Expenses: Reimbursement for the costs associated with laying the victim to rest.
- Loss of Consortium: Compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support suffered by the surviving family members.
In cases where the victim survived for a period before passing away, a separate "survival action" may be filed. This allows the estate to recover damages the deceased sustained or incurred before death, including medical costs, lost income, and property damage. As of January 1, 2026, damages for the pain, suffering, or disfigurement of the deceased are generally no longer recoverable in California survival actions, as the temporary provision allowing such recovery (under CCP 377.34, as amended by SB 447) has expired for new filings. However, punitive damages may still be recovered in a survival action if the defendant's conduct was malicious or oppressive.
Pure Comparative Negligence in California
Determining fault is not always straightforward. Multiple parties may share responsibility for a fatal crash. California follows a "pure comparative negligence" rule (CACI Section 405). This legal doctrine establishes that a plaintiff can still recover damages even if the deceased was partially at fault for the accident.
If a jury finds that the victim was 30 percent responsible for the collision and the defendant was 70 percent responsible, the total compensation award is reduced by the victim's percentage of fault. This ensures that families can still pursue justice and financial recovery even in complex accident scenarios where liability is shared.
Liability of Government Entities
Some fatal crashes in Burbank are caused by dangerous road conditions rather than, or in addition to, driver error. Poorly designed intersections, malfunctioning traffic signals, or lack of proper signage can contribute to fatal outcomes. Under these circumstances, the City of Burbank or other government agencies may be held liable.
Pursuing a claim against a government entity requires immediate action due to the shortened six-month statute of limitations [cite: 911.2]. Failure to file a specific administrative claim within this window typically bars the family from filing a lawsuit later. A thorough investigation is necessary to determine if road defects or municipal negligence played a role in the incident.
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