A fatal motor vehicle accident creates life-changing events for all parties involved. These types of cases are extremely challenging to navigate and determining liability may be complicated. Srviving family members are often faced with difficult decisions regarding the necessary steps to take to work towards recovery. Understanding vehicular manslaughter charges following a fatal crash is important in making sure you maintain your safety the next time you are on the road.
Vehicular Manslaughter in California
California law recognizes several forms of vehicular manslaughter depending on the circumstances surrounding the collision. Prosecutors man evaluate factors including the following.
- Whether the driver acted with ordinary or gross negligence
- Whether alcohol or drugs were involved
- Whether traffic laws were violated
- The overall facts surrounding the collision
A criminal investigation usually begins shortly after law enforcement responds to the scene. The following may occur in a criminal investigation.
- Gathering evidence
- Interviewing witnesses
- Reviewing footage
- Requesting accident reconstruction analyses.
Criminal Cases: The Overall Purpose
Criminal cases often concentrate on deciding whether the individual accused violated California criminal law. Individuals who are sentenced may be set to completing various penalties including but not limited to the following.
- Jail or prison time
- Probation
- Fines
- Driver's license restrictions
- Court-ordered programs
- Other penalties authorized under California law
Civil Wrongful Death Claims: Understanding the Importance
A wrongful death claim seeks financial recovery for losses resulting from another person's negligent or wrongful conduct. Eligible family members may include the following.
- A surviving spouse
- Registered domestic partner
- Children
- Other qualifying heirs under California law, depending on the circumstances
Unlike criminal cases, wrongful death lawsuits are usually filed by private parties.
Criminal and Civil Cases Are Independent from One Another
Many individuals do not understand that criminal and civil cases are legally independent from one another. For example:
- Criminal charges may be filed while no civil lawsuit is initiated.
- A civil lawsuit may proceed even if prosecutors decline to file criminal charges.
- A civil claim may continue while the criminal case remains pending.
- A civil case may still be successful even if the defendant is acquitted in criminal court.
Each court evaluates the evidence according to different legal standards.
Understanding Overlapping Evidence
Although criminal and civil proceedings are separate, they often involve much of the same evidence. Examples can include the following.
- Police reports
- Crash reconstruction findings
- Vehicle damage analysis
- Witness testimony
- Photographs and videos
- Cell phone records
- Toxicology reports
- Medical records
- Expert opinions
Criminal and Civil Cases
Many individuals wonder the differences between criminal and civil cases. Oftentimes, criminal investigations begin after a fatal collision has occurred. On the other hand civil cases may take longer to completely develop. This is because attorneys must gather extensive documentation and consult experts before it can proceed.
Severe Accident Cases: Insurance Concerns
Potential insurance policies may include but are not limited to the following.
- Automobile liability insurance
- Commercial vehicle coverage
- Employer liability policies
- Umbrella insurance
- Other applicable policies depending on the circumstances
Civil Damages
Certain family members may be able to receive compensation under California law. This is specifically for legally recognized losses through a wrongful death claim. Damages may include but are not limited to the following.
- Funeral and burial expenses
- Loss of financial support
- Loss of household services
- Loss of companionship, care, guidance, and society
- Other damages permitted under California law
It is important to understand that every case presents its own unique facts and legal considerations. In addition, damages that may be recoverable for one case may not be available for another.
The Importance of Speaking to a Legal Professional
Fatal car accidents can result in extensive trauma for the victims, family members, and the surrounding community. These types of cases usually include multiple legal issues and concerns that happen at the same time. These may include but are not limited to criminal investigations, insurance claims, accident reconstruction, expert analysis, and various court deadlines. During these cases, it may be important to seek legal guidance and support from a professional attorney who can help you understand your rights and responsibilities moving forward with your case. This may also be important in making sure you receive the proper care you need to recover from the harm.
How KAASS LAW Can Help
The attorneys at KAASS LAW are determined in helping victims who have suffered from a fatal car crash. Family members and friends alongside community members are affected greatly when an individual is involved in a deadly vehicle collision. Our legal team may help by reviewing the facts surrounding your case, investigating potential sources of liability, preserving available evidence, speaking with insurance companies, and helping you understand your rights and responsibilities moving forward.
We understand that every accident presents unique facts and legal considerations, and that no two cases are the same. If you have suffered from a fatal crash, call KAASS LAW today to discuss your potential options.