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San Bernardino Fatal Car Accident Lawyer
The sudden loss of a family member in a car accident in San Bernardino leaves you facing impossible decisions during your darkest hours. Beyond the overwhelming grief, you must navigate complex legal matters, mounting expenses, and insurance companies that want to settle quickly for far less than your family deserves.
This burden feels insurmountable when all you want is time to mourn and heal.
Compassionate Advocacy in Your Time of Need
At Krasney Law Accident Attorneys, our San Bernardino fatal car accident lawyers know that you need more than just a lawyer. You need people who will protect your family’s interests while you focus on getting better.
We help families in San Bernardino County with wrongful death and survival action claims so they can get the money they need to remember their loved ones and start over.
Losing a loved one in a car accident is devastating, and the legal process that follows can feel overwhelming. Our experienced fatal car accident attorneys in San Bernardino, California understand that during this difficult time, you need more than just legal representation; you need compassionate advocates who will fight tirelessly for your family’s rights.
Unlike large firms that handle hundreds of cases simultaneously, we provide direct, one-on-one attention to every client. Your case will never be handed off to another attorney or get lost in the shuffle.
We take pride in building personal relationships with our clients and ensuring you receive the focused advocacy you deserve.
Local Expertise and Focused Representation
Because our company has been in the Inland Empire for a long time, we know a lot about the local court systems, law enforcement procedures, and the problems that families in San Bernardino face after fatal crashes. We handle every part of your case ourselves from our San Bernardino office.
This includes investigating the accident, talking to insurance companies, and making a strong case for the maximum amount you can get.
Your family will work directly with lawyers who are experts in California wrongful death law and who know how deeply you are hurting right now.
We help families all over the Inland Empire by drawing on our deep understanding of local courts, procedures, and the special problems families face in this area.
We help families recover the maximum possible compensation for their losses in both wrongful death and survival actions.
You don’t have much time to take legal action if you lost a loved one in a car accident in San Bernardino. Contact us today for a free, private consultation.
We will review your case, explain your legal options, and help you decide what to do next. You don’t have to pay us anything unless we get money for your family.
Do You Have a Wrongful Death Case After a Fatal Car Accident?
A wrongful death claim exists when someone dies due to another person’s negligence, recklessness, or intentional misconduct. If your loved one was killed in a car accident caused by another driver’s careless or dangerous behavior, you have the right to seek justice and financial compensation.
Fatal car accidents in San Bernardino often result from preventable driver errors and dangerous behaviors:
Drunk or impaired driving:
Crashes caused by drivers under the influence of alcohol, drugged driving, or prescription medications.
Distracted driving:
Distracted driving accidents involving texting, phone calls, eating, or other attention-diverting activities.
Excessive speeding:
Collisions where drivers exceeded safe speeds for road or weather conditions.
Reckless driving:
Aggressive behaviors like tailgating, weaving through traffic, or running red lights.
Commercial vehicle accidents:
Crashes involving delivery trucks, big rigs, or other commercial vehicles.
Who Can File a California Wrongful Death or Survival Action?
California law recognizes two distinct types of legal actions following a fatal accident. A wrongful death claim compensates surviving family members for their own losses, while a survival action recovers damages the deceased person would have been entitled to receive.
Wrongful Death Claims Can Be Filed By:
- Surviving spouse or registered domestic partner
- Children of the deceased (including stepchildren who were financially dependent)
- Grandchildren, if the deceased’s children are also deceased
- Parents, if there is no surviving spouse or children
- Anyone who would inherit the deceased’s property under California’s intestacy laws
Survival Actions Must Be Filed By:
- The personal representative of the deceased’s estate
- A successor in interest appointed by the court
The key difference is that wrongful death claims focus on the family’s losses, while survival actions pursue compensation for what the deceased person suffered before death.
What Compensation Can Your Family Recover After a Fatal Car Accident?
While no amount of money can replace your loved one, securing fair compensation helps provide financial security and holds negligent parties accountable. The damages you can recover depend on whether you file a wrongful death claim, a survival action, or both.
Wrongful Death Damages | Survival Action Damages |
Funeral and burial expenses | Medical bills before death |
Lost financial support and benefits | Lost earnings before death |
Loss of love, companionship, and guidance | Pain and suffering endured |
Value of household services | Property damage to vehicle |
Loss of training and education for children | Punitive damages (in extreme cases) |
Economic damages, such as medical bills and lost income, are calculated based on concrete financial losses. Non-economic damages, such as loss of companionship, require careful evaluation of your family’s unique relationship and circumstances.
How We Prove Fault in a Fatal Car Crash
Building a successful wrongful death case requires proving that the other party’s negligence directly caused the fatal accident. Our experienced San Bernardino fatal car accident lawyers act quickly to investigate the crash and preserve critical evidence before it disappears or deteriorates.
We work with leading accident reconstruction experts who analyze physical evidence, vehicle damage patterns, and road conditions to determine precisely how the crash occurred.
Our investigators obtain official police reports, coroner findings, and witness statements to build a comprehensive picture of the events leading to the tragedy.
Critical evidence we collect for determining fault in auto accidents includes:
- Surveillance footage: Traffic cameras, business security cameras, and dashcam recordings.
- Vehicle data: Information from event data recorders (black boxes) in modern vehicles.
- Cell phone records: Evidence of distracted driving or impaired communication patterns.
- Toxicology reports: Blood alcohol content and drug test results from involved drivers.
- Scene documentation: Skid marks, debris patterns, and road surface conditions.
What Evidence Should You Preserve Immediately After a Fatal Crash
Taking the right steps immediately after a fatal accident can significantly strengthen your family’s legal case. While grieving, you may not feel capable of handling these tasks, but preserving evidence early is crucial for protecting your rights.
Protect Your Safety and Cooperate with Authorities
Your priority is ensuring the safety of any survivors and calling 911 for emergency assistance. When speaking with law enforcement, provide factual information about what you observed, but avoid speculating about fault or making statements that could be misinterpreted later.
Document the Scene and Gather Information
If you are physically and emotionally able, take photographs of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses who saw the crash, as their testimony may be crucial evidence.
Keep all receipts for medical care, funeral expenses, and other costs related to the accident.
Avoid Insurance Company Traps
The at-fault driver’s insurance company will likely contact you within hours or days of the accident. Do not provide recorded statements or accept any settlement offers without first determining whether you should hire a lawyer to settle an accident claim.
Contact a Fatal Car Accident Attorney Immediately
The sooner you involve an experienced attorney, the better we can protect your family’s interests. We handle all communications with insurance companies and begin our investigation while you focus on grieving and supporting your family through this difficult time.
What if Your Loved One Was Partly at Fault?
Even if your loved one contributed to the accident, your family can still recover compensation under California’s comparative negligence law. This legal principle allows you to seek damages even when the deceased person bears some responsibility for the crash.
Your compensation is reduced by your loved one’s percentage of fault under comparative negligence law, but you can still recover the remaining amount. For example, if a jury awards your family $800,000 but finds your loved one was 25% at fault, you would receive $600,000.
Insurance companies often try to shift the blame onto the deceased to reduce their payout. Our attorneys know how to counter these tactics and ensure your loved one’s actions are evaluated fairly and accurately.
How Long Do You Have to File a Wrongful Death or Survival Action?
California’s statute of limitations gives you two years from the date of your loved one’s death to file a wrongful death or survival action lawsuit. This deadline is strictly enforced, and missing it typically means losing your right to seek compensation forever.
The two-year period begins on the date of death, which may be different from the accident date if your loved one survived for some time in the hospital. Certain circumstances can extend or shorten this deadline, making it essential to consult with an attorney as soon as possible.
Special rules apply when government entities are involved, such as accidents with city buses or county vehicles. Claims must be filed within six months, so swift legal action is vital.
How We Handle Insurance Companies and Fight for Maximum Recovery
Insurance companies pay out as little as possible, prioritizing their business interests over fair compensation for grieving families. They employ trained adjusters and experienced lawyers whose job is to pay as little as possible or deny claims entirely.
Our attorneys level the playing field by handling all communications with insurance companies on your behalf. We know their tactics and how to counter lowball settlement offers with evidence of your case’s actual value.
While we always seek to resolve cases efficiently through negotiation, we are fully prepared to take your case to trial if necessary.
We advance all costs associated with investigating and prosecuting your case, including expert witness fees, court costs, and medical record retrieval.
You pay nothing unless we successfully recover compensation for your family.
What Makes San Bernardino Fatal Crashes Unique?
San Bernardino’s location at the crossroads of major highways and its rapid growth have created unique traffic challenges. The convergence of Interstate 10, Interstate 215, and State Route 210 creates heavy congestion and dangerous conditions, particularly during peak travel times.
Working with Local Agencies
Our San Bernardino location gives us direct experience working with the California Highway Patrol’s Major Accident Investigation Team and the San Bernardino County Coroner’s office. We understand their procedures and know how to obtain the reports and evidence needed for your case efficiently.
High-Risk Areas in the Inland Empire
Specific locations in San Bernardino County see disproportionately high numbers of fatal accidents. The Cajon Pass presents challenges with steep grades and high winds, while Highway 18 to Big Bear involves mountain driving conditions.
The proliferation of warehouses and distribution centers has dramatically increased commercial truck traffic throughout the region.
How Much Does It Cost to Hire a Fatal Car Accident Lawyer?
Every family deserves quality legal representation regardless of their financial situation. All fatal car accident cases are handled on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover money for your family.
We advance all case expenses, including investigation costs, expert witness fees, court filing fees, and medical record retrieval. If we don’t win your case, you owe us nothing. Our fee is a percentage of any settlement or judgment we obtain, and this percentage is clearly explained before we begin working on your case.
This arrangement allows families to pursue justice without worrying about upfront legal costs during an already financially stressful time.
How Long Will a Fatal Car Accident Case Take?
The timeline for resolving a wrongful death case varies significantly based on several factors. Simple cases with clear liability and adequate insurance coverage may settle within six to twelve months, while complex cases involving disputed fault or multiple parties can take two years or longer.
Factors that influence case duration include:
- Complexity of the accident: Multiple vehicles, unclear fault, or technical issues.
- Insurance company cooperation: Whether insurers accept liability and negotiate in good faith.
- Available coverage: The amount of insurance available to pay damages.
- Court schedules: Backlogs in the local court system if litigation becomes necessary.
We work diligently to resolve cases as quickly as possible, without rushing to accept inadequate settlements. Our priority is securing maximum compensation for your family, even if that requires additional time and effort.
Frequently Asked Questions
Who Can File a Wrongful Death Claim vs a Survival Action in California?
Specific family members file wrongful death claims for their own losses. In contrast, the deceased person’s estate representative files survival actions to recover damages the victim would have received if they had lived.
How Are Wrongful Death Settlement Funds Divided Among Family Members?
Settlement funds are typically distributed according to California’s intestacy laws, which establish a legal hierarchy of heirs, though a court may need to determine fair allocation among eligible family members.
Can We Seek Punitive Damages if the Driver Was Under the Influence?
Punitive damages may be available in survival actions when the at-fault driver’s conduct was particularly egregious, such as driving under the influence of alcohol or drugs.
Will a Criminal Case Against the Driver Affect Our Civil Lawsuit?
A criminal conviction can provide strong evidence of fault in your civil case, but you can pursue compensation regardless of whether criminal charges are filed or result in a conviction.
Do You Handle Probate Issues and Medical Liens?
We coordinate with probate attorneys when necessary and negotiate with medical providers and funeral homes to reduce liens against your settlement, maximizing the amount your family receives.
Free, Compassionate Case Review With a San Bernardino Fatal Car Accident Lawyer
Losing a loved one in a car accident is one of life’s most devastating experiences, and navigating the legal system while grieving can feel impossible. Our team at Krasney Law Accident Attorneys is here to shoulder that burden and fight for the justice your family deserves.
We offer a completely free, no-obligation consultation to discuss your case and answer your questions. We can meet with you at our San Bernardino office, at your home, or wherever is most convenient for you during this difficult time.
Our attorneys serve families throughout San Bernardino County and across the Inland Empire.
Contact us online for a free consultation with an experienced wrongful death attorney in San Bernardino. We are available 24/7 to help your family begin the path toward justice and healing.