Common Causes of Fatal Car Accidents
Fatal car accidents can happen in a matter of seconds, but the consequences last a lifetime. Understanding the leading causes of deadly crashes in San Rafael and throughout California can help identify fault and build a strong case. Common causes include:
- Drunk or Drugged Driving: Driving under the influence of alcohol or drugs continues to be one of the leading causes of fatal collisions. Impaired drivers have slower reaction times and poor judgment, putting everyone on the road at risk.
- Distracted Driving: Texting, using a smartphone, eating, or adjusting the radio while driving can divert attention from the road. These distractions often lead to high-speed, head-on, or rear-end crashes with fatal consequences.
- Speeding and Reckless Driving: Drivers who exceed the speed limit, weave in and out of traffic, or engage in street racing endanger everyone around them. The higher the speed, the greater the impact—and the likelihood of a fatality.
- Running Red Lights and Stop Signs: Ignoring traffic signals or signs often results in dangerous T-bone crashes at intersections, which are among the deadliest types of accidents.
- Fatigued Driving: Drowsy drivers pose similar risks as intoxicated drivers. Falling asleep at the wheel or having impaired concentration can lead to catastrophic accidents.
- Defective Vehicle Components: Sometimes, a fatal crash is caused by a vehicle malfunction, such as brake failure or tire blowouts. In such cases, manufacturers or maintenance providers may be held liable.
In and around San Rafael, deadly collisions can occur on Highway 101, Interstate 580, surface streets like Francisco Boulevard, or rural roads throughout Marin County. Each environment creates different questions about visibility, speed, and roadway design that we will examine carefully. When we investigate, we look not only at what the other driver did but also at whether commercial vehicle operators followed federal safety rules and whether government entities properly maintained traffic signals and signage.
Filing a Wrongful Death Claim After a Fatal Car Crash
If your loved one’s death was caused by another party’s negligence or reckless behavior, you may be entitled to file a wrongful death claim under California law.
Under California Code of Civil Procedure § 377.60, the following individuals may be eligible to file a claim:
- Spouse or domestic partner of the deceased
- Children of the deceased
- Parents (in some cases)
- Stepchildren or others who were financially dependent on the deceased
California’s wrongful death process can feel overwhelming, especially if you have never dealt with the court system before. As your fatal car accident attorney, we explain how the claim fits into probate issues, insurance negotiations, and any related survival action that may be available for medical expenses or pain and suffering before death. We also help you understand important deadlines, what documents you will need to gather, and how settlement negotiations typically proceed so you can make informed choices about each step.
Don’t settle for less. Fight for full compensation.
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$2,000,000 Truck Accident
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$1,850,000 Pedestrian Accident
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$1,800,000 Motorcycle Accident
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$1,750,000 Motor Vehicle Accident
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$1,495,000 Premises Liability
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$1,410,000 Premises Liability
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$1,300,000 Pedestrian Accident
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$1,000,000 Rollover Accident
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"They were kind, understanding, and extremely helpful in every conversation."
Beyond grateful with the service and support the professionals at Kuvara Law Firm offered me every step of the way in this process. I know being in a situation of need and not knowing where to begin is overwhelming and quite frankly a bit scary.
- Esmeralda M. -
"They held my hand thru the whole thing, answering my silly calls with questions and showing great patience."
I found the Kuvara Law Firm when I did a search for personal injury attorneys. I scanned down the possibilities but their name jumped out at me. I called, sure I didn't have a claim because I've never done this before, but on reviewing my case Mr. Kuvara said I DO have a case and assigned me to the appropriate person to get things started. They were always very friendly and encouraging whenever I contacted them. Colby is an absolute doll! Then when I had my fall and concussion Mr. Kovara referred me to a colleague at another firm that specializes in that type of case. They, too, were good and helpful and full of information I'd never think of! Everything was perfect, they really knew their jobs at both firms and took great care of me. I can't recommend them highly enough and will keep their contact information in my wallet ready to share with all who may ask! Thanks so much, Colby!
- Lynne D.B. -
"From the first moment I contacted the Kuvara staff and lawyers, I felt protected, informed, and very well legally represented"
I had an accident on 12/2022, and my life and all the projects I had for the future had to change drastically, but even with all the sacrifice and pain that it entails, I decided to face it and do everything necessary to overcome this stage in my life, I was fortunate to be represented by the Kuvara law firm. I am very happy and satisfied with the way my case was resolved, the professionalism on the part of the firm and the monetary compensation I received, it was fair and I only have gratitude on my part to all the members of the Kuvara law firm.
- Monica V. -
"Simply the best."
Neal and Colby Kuvara worked tirelessly to achieve a result I am happy with. They did not promise me anything they did not deliver. Along with this, they are decent people, not something you may associate with Lawyers. They proceeded at a pace that allowed me to heal and kept me informed of all developments in a timely manner. I could not recommend them more highly.- Jason D.
Types of Compensation Available
Our San Rafael fatal car accident attorneys work to recover the following types of compensation on behalf of surviving family members:
- Funeral and burial expenses
- Loss of financial support the deceased would have provided
- Loss of companionship, affection, and guidance
- Emotional distress and pain and suffering
- Medical expenses incurred prior to death
In rare cases, punitive damages may also be awarded to punish especially reckless or intentional behavior, such as in drunk driving fatalities.
The statute of limitations for wrongful death lawsuits in California is two years from the date of death. Delaying legal action could result in the loss of your right to compensation.
When we evaluate damages in a fatal crash case, we look closely at your loved one’s age, health, work history, and role within the family to understand the full impact of the loss. A fatal car accident lawyer will work with financial professionals when appropriate to project future earnings and benefits, and with counselors or therapists to help document the emotional toll on surviving family members. This careful documentation can be especially important when presenting your case to an insurance company or, if necessary, to a jury in Marin County.
Fatal Car Accident FAQs
What should I do if I lost a loved one in a fatal car accident in San Rafael?
First, prioritize your emotional and physical well-being. Then, speak with a knowledgeable fatal car accident attorney as soon as possible. Preserving evidence, witness statements, and accident scene details is vital to your case.
How is fault determined in a fatal car crash?
Our legal team works with accident reconstruction professionals, reviews police reports, dashcam footage, and other evidence to determine fault. We also look at factors like speed, intoxication, phone records, and road conditions.
Can multiple parties be held liable for a fatal accident?
Yes. In some cases, more than one party may share fault—such as another driver, an employer (in a commercial vehicle crash), or a vehicle manufacturer. We pursue all liable parties to maximize compensation.
What if the at-fault driver died in the crash too?
You can still pursue compensation through the at-fault driver’s insurance policy or estate. Our attorneys will guide you through this complex process.
What if the driver who caused the crash was uninsured?
Even if the at-fault driver lacks insurance, you may be able to recover compensation through your loved one’s uninsured/underinsured motorist (UM/UIM) policy. We will help evaluate all insurance options.
Many families also want to know whether they will need to appear in court in San Rafael or whether their claim can be resolved through settlement. In many wrongful death cases, we are able to resolve claims with insurance companies without requiring a trial, but if litigation becomes necessary, a fatal car accident lawyer San Rafael will prepare you for each hearing and keep you informed about what to expect at every stage.
What Do You Have to Prove in a Car Accident Claim?
In California, motor vehicle accident claims proceed as negligence claims. In a negligence claim, the injured victim must show:
Each of these elements must be proven for a motor vehicle accident victim to prevail in a claim. With the assistance of an experienced California car accident attorney at our San Rafael law firm, the odds of success increase exponentially.
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The At-Fault Party Owed the Accident Victim a Duty of Care -
The Duty Was Breached Because the At-Fault Party Was Negligent;
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Due to the At-Fault Party’s Negligence The Accident Victim Suffered Damages
faqs about car accident cases
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How Many Cases Has Kuvara Law Firm Handled?
In Kuvara Law Firm’s over 50-year history representing injured victims in California, we have handled over 20,000 personal injury cases, resulting in millions of dollars in awards for our clients.
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What Is the Advantage of Settling a Case?
If the other party’s insurance company is willing to try and settle with you, it is advantageous to at least try to negotiate with them. In many cases, you can get just as much money settling a case as you can when actually going to court. The difference is that when you go to court, there is a chance that you can lose. The other party is usually willing to pay up to a certain point to try to avoid going to court, and we try to take advantage of this whenever we can. When we have to take a case to court, it can take a lot longer for the process to complete and get you your money. If we can settle your case, you get compensation more quickly.
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How Many Years Has Kuvara Law Firm Been in Business?
Kuvara Law Firm was established in 1971. Our law firm has established relationships with medical experts, accident reconstruction specialists, investigators, and other experts in our community who can help us help you recover compensation in your personal injury case. We have earned an outstanding reputation with our valued clients and our industry peers.
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What Are Compensatory Damages, and What Are Punitive Damages?
There are two types of damages that you might be awarded for in a personal injury case. The first is compensatory damages, which are damages meant to help you reach the state you were in before you were injured, such as compensation for lost wages, medical expenses, pain and suffering, vehicle repair, and so on. Unlike compensatory damages, punitive damages are intended to punish the wrongdoer and set an example with others to help prevent similar behaviors in the future.
Why Choose Our Firm in San Rafael?
At Kuvara Law Firm, we are deeply committed to helping grieving families find answers and justice. Our San Rafael fatal car accident lawyers have:
- Extensive experience handling complex wrongful death claims
- A strong record of settlements and verdicts
- Compassionate support through emotionally difficult times
- No upfront fees—we work on a contingency basis
We take on the burden of dealing with insurance companies, legal filings, and investigations so that you can focus on healing and remembering your loved one.
Because our firm has served Northern California for decades and is known through the 1-800-4-INJURY number, many families come to us through referrals from local doctors, community members, and other attorneys. When you hire a fatal car accident attorney San Rafael at our firm, you get a team that uses modern, streamlined systems to move your case forward while still offering personal, empathetic communication. We listen carefully to your goals, whether that means prioritizing a timely resolution, seeking accountability in court, or making sure your family’s long-term financial needs are addressed.
Schedule a free consultation today by calling (628) 240-1014 or filling out our online contact form.
Dos and Don’ts After a Car Accident
After a car accident, the advice you receive is often conflicting. There are certain steps you should take after your accident. There are also a lot of actions you should avoid.
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DO Speak With an Experienced California Car Accident Attorney as Soon as PossibleThese attorneys may speak with insurance companies on your behalf, shielding you from pressure to settle your claim. These attorneys ensure that your legal rights are protected throughout the case.
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DO Seek Medical Attention Immediately—even if You Do Not Think You Are Seriously InjuredSome injuries have a delayed onset of symptoms and may not exhibit any symptoms at the time of the accident. Insurance companies love to argue that an accident victim is not seriously injured if medical attention was not sought quickly after the accident.
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DO Keep Detailed Records of Your AccidentTake photos of the crime scene, write down your recollection of the events as soon as possible, and keep copies of all of your medical records. This information will help your attorney pursue damages on your behalf.
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DON'T Have Lengthy Conversations With the at-fault Party’s Insurance Company About the AccidentSimply tell the adjuster or agent that you are hiring an attorney and that any questions may be directed to the law firm. You do not want to risk making a statement that could be used against you later.
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DON'T Discuss the Case on Social MediaEven seemingly innocent posts that state something like, “We were in an accident today, but we are okay!” may be used against you by the insurance company.
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DON'T Keep Anything From Your AttorneyEven if you think some of the facts of your case will hurt your claim, you need to disclose these to your attorney. Chances are, they will not seriously damage your claim! Your attorney needs the full picture of your case to thoroughly protect your rights.