When a fatal car accident takes a loved one, your family faces overwhelming grief and uncertainty. At DJA Injury Attorneys, we understand the profound loss you’re experiencing. Our Huntington Beach fatal car accident lawyers provide compassionate legal representation to families seeking justice and fair compensation after a fatal collision. Our team draws on years of litigation experience, including work in insurance defense and personal injury law. We know how to approach complex wrongful death claims and fight to hold negligent parties accountable.
Understanding Fatal Car Accidents in Huntington Beach
According to the California Office of Traffic Safety, Huntington Beach experienced 924 fatal and injury collisions in 2021, including 52 victims in pedestrian-related crashes and 146 bicyclist victims. These statistics highlight the city’s significant risks for vulnerable road users.
Certain areas of Huntington Beach carry higher risks for fatal collisions. Pacific Coast Highway, Beach Boulevard, Warner Avenue, Brookhurst Street, Interstate 405, Goldenwest Street, Adams Avenue, and Edinger Avenue consistently rank among the most dangerous roads in the area. These locations experience heavy traffic volumes, high speeds, and complex intersection patterns that increase the likelihood of catastrophic accidents.
Fatal accidents typically result from preventable human errors and negligent behavior. Understanding the circumstances surrounding your loved one’s death is the first step toward holding the responsible party accountable. When a fatal accident occurs, immediate action is critical. Families should call 911, preserve evidence at the scene if safely possible, obtain witness contact information, and request a copy of the police report. Contacting an experienced Huntington Beach car accident attorney as soon as possible protects your family’s legal rights and ensures proper evidence preservation.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed on behalf of a deceased person’s family members. California law recognizes that when someone dies due to another person’s negligence, recklessness, or intentional misconduct, the surviving family members have the right to seek compensation for their losses.
In California, the following individuals may file a wrongful death claim: the surviving spouse, children (including adult children), parents (if the deceased had no spouse or children), and financial dependents. The claim seeks to recover damages that compensate the family for their economic and non-economic losses resulting from the death.
It’s important to understand the distinction between wrongful death claims and survival actions. A wrongful death claim compensates the family for losses they suffered due to the death. A survival action, by contrast, seeks to recover damages the deceased person would have been entitled to recover had they survived, including medical expenses incurred before death and pain and suffering experienced during the final moments.
California law provides a two-year statute of limitations for filing a wrongful death lawsuit, measured from the date of death. This deadline is strict, and failure to file within this timeframe typically results in losing your right to pursue compensation. Contacting an experienced Huntington Beach wrongful death attorney immediately after a fatal accident ensures your family meets all critical deadlines.
Types of Compensation Available to Your Family
In California, families are allowed to recover several categories of damages for wrongful death. Understanding what compensation your family may receive helps you evaluate settlement offers and make informed decisions about your case.
- Economic Damages represent quantifiable financial losses your family suffered. These include medical expenses incurred before the victim’s death, funeral and burial costs, lost wages the deceased would have earned, lost earning capacity over the victim’s remaining lifetime, and loss of financial support the deceased provided to dependents.
- Non-Economic Damages compensate your family for intangible losses that don’t have a specific dollar amount. These include loss of companionship and society, emotional distress and grief, loss of parental guidance (for children who lost a parent), loss of spousal relationship, and mental anguish experienced by surviving family members.
- Punitive Damages may be available in cases involving gross negligence, recklessness, or intentional misconduct. These damages punish the defendant and deter similar conduct in the future. While not available in every case, punitive damages can significantly increase the total compensation your family receives.
At DJA Injury Attorneys, we calculate fair compensation by thoroughly documenting all economic losses, retaining expert witnesses to establish the value of non-economic damages, and presenting compelling evidence of the defendant’s culpability. We refuse to accept lowball settlement offers and aggressively pursue the full value of your claim.
How DJA Injury Attorneys Investigates Fatal Accident Cases
A thorough investigation is critical for building a strong wrongful death case. Our team moves quickly after taking your case to help ensure physical evidence, witness accounts, and essential records are preserved.
- We review police accident reports and document available details about the scene, including road and traffic conditions, signals, and any environmental hazards that may have contributed to the incident.
- We identify and interview witnesses as soon as possible, so their recollections are accurate and complete.
- When needed, we consult independent accident reconstruction specialists to analyze vehicle damage, skid marks, and other technical evidence to clarify the cause of the collision.
- We examine the defendant’s driving history, prior accidents, and any record of reckless or negligent behavior. For commercial vehicles, we request and review maintenance documentation to determine whether mechanical issues played a role.
- Our firm’s background in insurance defense gives us valuable insight into the strategies insurance companies may use to minimize payouts or dispute claims. We use this experience to anticipate challenges and present a strong argument for your family.
By combining diligent investigation with informed strategy, we work to hold negligent parties accountable and help your family pursue the compensation you deserve.
Common Causes of Fatal Car Accidents in Huntington Beach
Fatal accidents in Huntington Beach result from various preventable causes. Identifying the cause of your loved one’s death is essential to establishing liability and pursuing appropriate compensation.
- Distracted Driving remains a leading cause of fatal accidents. Drivers who text, use social media, adjust GPS systems, or engage in other distracting activities take their attention from the road, reducing their ability to react to hazards and increasing collision severity.
- Impaired Driving from alcohol or drugs significantly increases accident risk and severity. Impaired drivers exhibit slower reaction times, poor judgment, and reduced vehicle control—factors that often result in fatal collisions.
- Speeding and Reckless Driving reduce a driver’s ability to stop or maneuver to avoid collisions. Excessive speed increases impact force, making accidents more likely to be fatal.
- Failure to Yield at intersections causes many fatal accidents. Drivers who run red lights, ignore stop signs, or fail to yield the right of way create dangerous collision scenarios.
- Defective Vehicles and Mechanical Failures can cause fatal accidents when manufacturers fail to design safe vehicles or warn consumers of known defects properly. Brake failures, steering defects, and tire blowouts can result in catastrophic accidents.
Identifying the true cause of a fatal crash is vital for holding the responsible parties accountable. A clear understanding of these risk factors also serves as a reminder of the importance of safe driving throughout Huntington Beach.
The Wrongful Death Claims Process
Understanding the wrongful death claims process can help your family know what to expect and prepare you for each stage of your case.
- Initial Consultation and Case Evaluation begin when you contact our office. We listen to your family’s story, answer your questions, and evaluate whether you have a viable wrongful death claim. We explain your legal rights and the compensation your family may recover. This consultation is free, and there are no obligations.
- Investigation and Evidence Gathering follow case acceptance. We conduct the comprehensive investigation described above, preserving evidence, interviewing witnesses, and retaining expert witnesses as needed.
- Demand Letter and Negotiation occur once our investigation is complete. We prepare a detailed demand letter presenting the facts of the case, the defendant’s liability, and the damages your family suffered. We submit this demand to the defendant’s insurance company and negotiate aggressively for fair compensation.
- Settlement vs. Litigation Decision comes when the insurance company responds to our demand. If they offer fair compensation, we will discuss a settlement with your family. If their offer is inadequate, we prepare for litigation and trial.
- Trial Preparation involves organizing evidence, preparing witnesses, and developing a trial strategy if settlement negotiations fail. We are always prepared to take your case to trial to secure the compensation your family deserves.
Navigating each phase with knowledgeable legal support helps ensure your family’s rights are protected. By following a structured process, you can pursue justice and fair compensation for your loved one’s loss.
Why Choose DJA Injury Attorneys for Your Fatal Accident Case
DJA Injury Attorneys brings unique qualifications and perspective to your family’s wrongful death claim. Our founder and principal attorney, Jeff Schwalbach, holds a J.D. from Pepperdine University School of Law and brings experience representing injury victims as well as prior work defending insurance companies in accident cases.
Jeff’s background as a former insurance defense attorney provides invaluable insight into how insurance companies evaluate claims and make settlement decisions. This insider knowledge allows us to anticipate insurance company tactics and counter them effectively on your family’s behalf.
Jeff has earned recognition as a Super Lawyers Rising Star for six consecutive years (2019-2024), an honor bestowed on fewer than 2.5% of attorneys in California. This recognition reflects his commitment to excellence and his track record of achieving significant results for clients.
We handle wrongful death cases on a contingency fee basis, meaning your family pays no upfront legal fees. We only recover a fee if we obtain compensation for your family through settlement or trial verdict. This arrangement aligns our interests with yours—we succeed only when your family receives fair compensation.
We provide 24/7 availability and personal attention from Jeff Schwalbach. You won’t work with paralegals or junior associates; you work directly with the attorney handling your case. We understand that losing a loved one is a family emergency, and we respond accordingly.
Frequently Asked Questions About Fatal Car Accidents
How long do I have to file a wrongful death claim in California?
California law provides a two-year statute of limitations for filing a wrongful death lawsuit, measured from the date of death. This deadline is strict and cannot be extended except in rare circumstances. Contacting a Huntington Beach personal injury attorney immediately after a fatal accident ensures your family meets this critical deadline and preserves your right to pursue compensation.
What damages can my family recover in a fatal accident case?
Your family may recover economic damages (medical expenses, funeral costs, lost wages, lost earning capacity), non-economic damages (loss of companionship, emotional distress, loss of parental guidance), and in some cases, punitive damages. The specific damages available depend on your family’s relationship to the deceased and the circumstances of the accident. Learn more about understanding wrongful death compensation in California.
Do I have to go to trial, or can we settle my case?
Most wrongful death cases settle before trial. We negotiate aggressively with insurance companies to obtain fair settlements without requiring your family to endure the stress of litigation. However, we are always prepared to take your case to trial if the insurance company’s settlement offer is inadequate. Your family’s interests guide every decision we make about settlement versus litigation.
What should I do immediately after a fatal car accident?
Call 911 immediately. If it’s safe to do so, preserve evidence at the scene by taking photographs and noting road conditions. Obtain contact information from witnesses who observed the accident. Request a copy of the police accident report. Most importantly, contact an experienced Huntington Beach fatal car accident attorney as soon as possible to protect your family’s legal rights and ensure proper evidence preservation.