Wildfires have been deadlier and more frequent in the last 10 years than ever before in California’s recorded history. It’s important for all wildfire victims to understand their legal rights and options for making a financial recovery if they suffer injuries or property losses. A victim’s rights are decided based on the cause and origin of the fire – which is determined via investigation.
Preservation of the Ignition Zone
Investigators who specialize in burn patterns and fire behavior will be dispatched to the location soon after the wildfire is reported. They will secure the area to prevent any evidence tampering, limiting access only to approved authorities. Then, they will visually assess the ignition area to search for any evidence that may point to causation.
Burn Pattern Analysis
Investigators will examine burn patterns to trace the path of the wildfire back to its origin. Forensic evidence such as char and soot can allow specialists to determine the direction of the fire and where it started. Most wildfires burn in a “V” pattern that is narrowest at the source. Visible signatures can help authorities reconstruct what happened and how the fire was sparked.
Weather and Climate Assessment
Wildfire experts will take into account the weather, climate and atmospheric conditions at the time of the fire, as well. Information such as the direction and speed of the wind can make it easier to trace a wildfire back to its origin. Storms with lightning or high winds that could down powerlines can also inform the investigative process and help determine liability.
Witness Interviews
A wildfire investigation will also involve interviews with anyone who may have witnessed the fire start, been in the area at the time or initially responded to the wildfire. This can include firefighters, first responders and locals. Details from witnesses can help investigators understand the circumstances surrounding the fire and who may be responsible.
The Scientific Method
With all of the evidence and information gathered during the investigation, authorities will come up with a hypothesis of what they believe started the wildfire. They will then test their hypothesis to narrow down the possibilities (process of elimination). Eventually, all other possibilities will be disproved, and one hypothesis will be proved based on the evidence.
Final Report
After an in-depth investigative process that often takes several weeks to months, authorities will officially determine the “probable” cause of the wildfire and announce it to the public. A probable cause is one that investigators believe is at least 51 percent likely. Sometimes, the cause of a wildfire remains undetermined.
What Comes After the Investigation?
Most wildfires are caused by human errors, such as utility company negligence. The National Interagency Fire Center reports that human-caused fires accounted for 88 percent of all nationwide wildfires in a 10-year average.
Utility companies can fail to properly maintain their electrical equipment, leading to preventable fires. Other human-related causes include unsafe campfires, firework use, firearms, open burning, smoking and arson.
When individuals or corporations are behind catastrophic wildfires, they can be held accountable. A wildfire lawsuit could lead to financial compensation or damages paid to those impacted. Compensation may cover property damage repairs, home or business reconstruction, business losses, physical injuries, emotional trauma, and lost wages.
A wildfire investigation is a key part of any lawsuits or claims filed by those affected. For more information about a specific wildfire, contact Bridgford, Gleason & Artinian for a free consultation.