Bringing Forward a Car Accident Wrongful Death Claim

According to the Insurance Information Institute, 35,200 people died as a result of car accident injuries in 2015. The sudden, unexpected death of a loved one in a car accident can be a shocking blow to a family. Bringing forward a wrongful death claim can help families recover damages and obtain justice. Here’s what you need to know about bringing forward a car accident wrongful death claim.

There are many causes of car accident fatalities, but the most common include:

• Distracted driving: This includes activities such as texting, talking on the phone, eating, or adjusting the radio while driving, diverting attention away from the road and increasing the risk of accidents.
• Speeding: Driving above the posted speed limit or too fast for road conditions reduces reaction time and increases the severity of accidents, leading to more fatalities.
• Driving under the influence (DUI): Alcohol and drug impairment significantly impair judgment, coordination, and reaction time, contributing to a high number of fatal accidents.
• Reckless driving: Behaviors such as aggressive driving, tailgating, weaving in and out of traffic, and disregarding traffic signals increase the likelihood of accidents with fatal outcomes.
• Poor weather conditions: Rain, snow, ice, fog, and other adverse weather conditions reduce visibility and traction, making it more challenging to control vehicles and increasing the risk of fatal accidents.
• Drowsy driving: Fatigue can impair cognitive function and reaction time, leading to an increased risk of accidents, particularly during late-night or early-morning hours.
• Failure to obey traffic laws: Running red lights, ignoring stop signs, failing to yield, and other violations of traffic laws contribute to collisions that can result in fatalities.
• Vehicle defects: Mechanical failures, such as brake failure, tire blowouts, or steering malfunctions, can lead to loss of control and fatal accidents.
• Inexperienced drivers: Lack of driving experience, particularly among young or newly licensed drivers, can lead to errors in judgment and risky behaviors that increase the likelihood of accidents with fatal outcomes.
• Unsafe road conditions: Poorly designed roads, lack of signage, inadequate lighting, and other infrastructure deficiencies can contribute to accidents that result in fatalities.

After someone has died in a car accident, it’s critical that a thorough investigation takes place. An investigation will reveal who may have been at fault for the accident and if there is more than one at fault party.

• Driver negligence: The most common scenario involves one or more drivers being negligent or careless, leading to the accident. This negligence could include actions such as speeding, running a red light, failure to yield, distracted driving (e.g., texting while driving), or driving under the influence of alcohol or drugs.
• Vehicle owner: If the owner of the vehicle knowingly allows an incompetent or reckless driver to operate their vehicle, they may be held liable for the resulting accident.
• Employer: If the driver causing the accident was operating a vehicle as part of their employment duties, their employer may be held liable under the legal doctrine of "vicarious liability" or "respondeat superior." This applies to situations such as commercial truck accidents or accidents involving company-owned vehicles.
• Vehicle manufacturer or mechanic: In cases where a defect in the vehicle or faulty maintenance contributed to the accident, the manufacturer or the party responsible for vehicle maintenance may be held liable for the damages.
• Government entity: If the accident was caused by a hazardous road condition, such as poor signage, malfunctioning traffic signals, or inadequate road maintenance, the government agency responsible for the roadway may be held liable.
• Pedestrians or cyclists: In some cases, pedestrians or cyclists may be found at fault for causing or contributing to a car accident, such as jaywalking or crossing against traffic signals.
• Shared fault: It's also possible for multiple parties to share fault for an accident. In such cases, the degree of fault assigned to each party may impact their liability for damages.

If your loved one passed away as the result of a car accident and you believe it was a wrongful death, you may be able to obtain compensation for medical expenses, vehicle damage, funeral expenses, lost wages, and more. However, you will need an experienced wrongful death lawyer to help you prove your case, since the burden of proof is on the plaintiff.

At the Sarkisian Law Offices, we understand how difficult it is to lose a loved one suddenly in a car accident. If you were also injured in the collision, we can help you recover damages for your injuries, pain, and suffering. Our skilled car accident lawyers will investigate every facet of your case and build a strong foundation to help you get justice for your loved one and hold those responsible for their untimely death accountable for their negligence or carelessness. Call today for a consultation at 219-942-7171.