Fatal Car Crashes Glendale
Personal Injury Lawyers Near Glendale For Fatal Car Crashes
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
The loss of a family member in a traffic collision is a profound tragedy that alters the lives of surviving relatives. Families in Glendale often face significant financial and legal challenges immediately following such an event. Benji Personal Injury Accident Attorneys provides legal counsel to those seeking justice and compensation for the wrongful death of a loved one. We navigate the complex California legal system to establish liability and secure the resources families need during this difficult time.
Understanding Wrongful Death Claims in California
A wrongful death claim is a specific type of civil action filed when a person dies due to the negligence, recklessness, or intentional conduct of another party. In the context of vehicle accidents, this often involves drivers who were speeding, distracted, or under the influence of alcohol or drugs.
California law restricts who is eligible to file these claims. The primary claimants usually include:
- The surviving spouse or registered domestic partner.
- Children of the deceased.
- Grandchildren, if the children of the deceased are no longer living.
- Under California Code of Civil Procedure Section 377.60, eligible claimants generally include the decedent's surviving spouse or registered domestic partner, children, and grandchildren (if the children are deceased). If there are no surviving direct descendants, those who would be entitled to the decedent's property by intestate succession may file, which can include parents or siblings. Additionally, dependent stepchildren, a "putative spouse" (one who believed in good faith they were married), and the children of a putative spouse, and dependent parents may also have standing to file a wrongful death claim under specific circumstances demonstrating financial dependence.
There is a strict deadline for filing these claims. The statute of limitations for a wrongful death lawsuit in California is generally two years from the date of the victim's death. If the accident involved a government entity – such as a City of Glendale vehicle, a Los Angeles County vehicle, or dangerous road conditions managed by the State of California (e.g., Caltrans) – the time limit to file an administrative claim under the California Government Claims Act is significantly shorter, often just six months from the date of death. This administrative claim is a mandatory prerequisite to filing a lawsuit; if the claim is denied, a lawsuit generally must be filed within six months of the date of the notice of rejection.
Recoverable Damages in Fatal Crash Cases
The purpose of a wrongful death claim is to compensate the surviving family members for the losses associated with the death. California law categorizes these damages into economic and non-economic losses. Additionally, a separate "survival action" may be filed by the deceased's estate to recover damages the victim incurred between the time of the accident and their death, such as medical expenses, lost wages, and property damage. Unlike wrongful death damages which compensate the heirs directly for their losses, damages recovered in a survival action become part of the decedent's estate and are then distributed to the heirs according to a will or intestate succession laws.
| Damage Category | Examples of Recoverable Losses |
|---|---|
| Economic Damages |
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| Non-Economic Damages |
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Liability and Comparative Negligence
Determining fault is a critical component of any fatal crash case. California operates under a pure comparative negligence system. This legal standard allows surviving family members to recover damages even if the deceased was partially at fault for the accident. The court or jury assigns a percentage of fault to all parties involved.
If the decedent is found to be partially responsible, the total compensation award reduces by that specific percentage. For instance, if a jury awards $1,000,000 but finds the decedent was 20% at fault, the family would receive $800,000.
Attorneys often use the doctrine of negligence per se to establish liability. This applies when the defendant violated a specific statute designed to protect public safety, such as laws against driving under the influence or running a red light. Proving a statutory violation can significantly strengthen the claim of negligence, as it can establish a rebuttable presumption of negligence if the violation was a cause of the death.
Glendale Accident Statistics and High-Risk Areas
Glendale presents specific risks to motorists and pedestrians. In 2021 alone, the city recorded approximately 597 injury or fatal crashes. Local data highlights specific behaviors and locations that contribute to these incidents.
Common Causes of Fatal Collisions
Speeding remains a primary factor, accounting for approximately 27.4% of total crashes in the area. Alcohol involvement is also a significant concern, particularly during late-night hours between 6:00 PM and midnight. Additionally, Glendale has reported high numbers of hit-and-run accidents resulting in injury or death.
Vulnerable Road Users
Pedestrian safety is a major issue in Glendale. The city has ranked poorly for pedestrian accidents involving seniors aged 65 and older. Drivers must exercise heightened caution in residential areas and crosswalks where elderly pedestrians are present.
Dangerous Intersections and Corridors
Certain locations in Glendale see a higher frequency of severe accidents. High-traffic surface streets and freeway transitions are particularly hazardous. Notable areas include:
- I-5 and Colorado Street: This area has been identified as a fatality hotspot.
- Brand Boulevard: Intersections at Sanchez Drive, Goode Avenue, and Colorado Street are known for high collision volumes.
- Glendale Avenue: The intersections at Wilson Avenue and Chevy Chase Drive are frequent sites for crashes.
- Freeway Transitions: The interchanges involving I-5, SR-134 (Ventura Freeway), and SR-2 (Glendale Freeway) involve high-speed traffic merging onto densely populated surface streets, increasing collision risks.
The Role of Legal Counsel
Following a fatal accident, insurance companies for the at-fault driver often attempt to settle claims quickly and for amounts that may not fully cover the family's long-term losses. Benji Personal Injury Accident Attorneys manages all communications with insurers and defense lawyers. We conduct independent investigations to preserve crucial evidence, such as police reports (from the Glendale Police Department or California Highway Patrol if on a freeway), toxicology reports, medical examiner's findings, surveillance footage, vehicle "black box" data, accident reconstruction analysis, and witness statements.
Our firm calculates the full extent of damages, including complex projections for future lost income and the value of non-economic losses. If a fair settlement cannot be reached through negotiation, we are prepared to present the case in court to advocate for the maximum compensation available under the law.
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