Bringing Forward a Car Accident Wrongful Death Claim

September 20, 2016

 

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.

 

What Causes Car Accident Fatalities?

 

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.


 

Who Can Be Held Responsible for Car Accident Deaths?

 

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.


Bringing Forward a Claim

 

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.

 

Contact the Sarkisian Law Offices Today

 

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.

 

September 12, 2025
When you've been injured in a car accident caused by someone else's negligence, you deserve fair compensation for your losses. However, getting the maximum settlement from insurance companies is rarely straightforward. Insurance adjusters are trained to minimize payouts, and often take advantage of accident victims who don't understand their rights or the true value of their claims. This is where an experienced car accident attorney becomes invaluable. At Sarkisian Law Offices , we understand the tactics insurance companies use, and we know how to counter them effectively to maximize your car accident claim. Our team has helped countless accident victims recover the full compensation they deserve, and we're committed to fighting for your rights every step of the way. Understanding the True Value of Your Car Accident Claim Don't settle for the first offer from auto insurance companies, as it's often far below your claim's worth. A skilled car accident lawyer evaluates your claim comprehensively, considering all the ways the accident has affected your life. They work with medical experts to project future medical needs, ensuring your settlement covers ongoing treatment and rehabilitation. They also calculate lost wages and reduced earning capacity, including long-term impacts. Additionally, lawyers effectively document and present pain and suffering claims, demonstrating the accident's impact on your quality of life. By hiring an experienced attorney, they'll seek fair compensation for both tangible and intangible losses. This approach helps you receive the maximum settlement you deserve, covering current and future needs. How Insurance Companies Try to Reduce Your Settlement Insurance adjusters are not on your side, despite how friendly and helpful they may seem. Their job is to save their company money by paying out as little as possible on claims. One of the most common tactics is to make a quick settlement offer before you fully understand the extent of your injuries or have had time to consult with an attorney. These offers are almost always far below the true value of your claim, but they're presented as generous and time-sensitive to pressure you into accepting. Insurance companies often claim that your medical treatment was unnecessary, excessive, or unrelated to the accident. They may argue that you had pre-existing conditions that caused your current problems, or that you're exaggerating your symptoms. They also might use delay tactics, hoping financial pressure will force you to accept a lower settlement. The insurers may claim they need more documentation, request unnecessary medical examinations, or simply take their time responding to communications. Insurers might try to blame you for the accident, as partial blame allows them to reduce their liability and your compensation. Never accept wrongful accusations of blame, as it can deprive you of what you deserve. When you have a car accident attorney handling your case, these delay tactics become less effective. Your lawyer can apply pressure to move the case forward and ensure that delays don't work against you. The Investigation Process That Builds Strong Cases One of the most important ways a car accident lawyer maximizes your claim is with a thorough investigation. The more evidence your attorney can gather to support your case, the stronger your position becomes in settlement negotiations. Accident Scene Analysis Even if the police investigated your accident, your attorney will conduct their own investigation. This might include visiting the accident scene, taking photographs, measuring skid marks, and identifying factors contributing to the crash. Sometimes this investigation reveals evidence that wasn't included in the police report, such as traffic signal timing, road conditions, or visibility issues that help prove the other driver's fault. Witness Statements Witness testimony can be invaluable in car accident cases, especially when there's a dispute about how the accident happened. However, witness memories fade over time, and people move away or become harder to contact. Car accident attorneys move quickly to identify and interview witnesses while their memories are still fresh. They know how to ask the right questions to get useful information and how to document witness statements in a way that will be persuasive to insurance companies or juries. Expert Analysis Complex car accident cases often require expert testimony to explain technical aspects of the crash, such as vehicle speeds, impact forces, or mechanical failures. Car accident lawyers have relationships with qualified experts who can analyze the evidence and provide professional opinions that support your case. This expert analysis is particularly important in cases involving serious injuries, commercial vehicles, or disputed fault situations. Negotiation Skills That Get Results Insurance companies negotiate car accident settlements every day. They have experienced adjusters and attorneys who know how to minimize payouts. To get fair compensation, you need someone on your side who understands the negotiation process just as well. Presenting a Compelling Case Effective negotiation starts with presenting your case in the strongest possible way. This means organizing all the evidence, medical records, and documentation in a format that clearly shows the other driver's responsibility and the full extent of your damages. Car accident attorneys know how to present this information persuasively, highlighting the strongest aspects of your case while addressing any potential weaknesses before the insurance company can exploit them. Understanding Settlement Timing Knowing when to negotiate and when to wait is vital in car accident cases. Settling too early might mean accepting less compensation than you deserve, but waiting too long can sometimes weaken your position. Experienced car accident lawyers understand the factors that affect settlement timing and can advise you on the best strategy for your specific situation. Leverage in Negotiations Insurance companies are more likely to offer fair settlements when they know you're represented by an attorney who's willing and able to take the case to trial if necessary. This gives your lawyer leverage in negotiations you wouldn't have on your own. Choose Sarkisian Law Offices to Maximize Your Indiana Car Accident Claim Sarkisian Law Offices, maximizes compensation in car accident claims by understanding the local legal system and building strong cases. We take a personal interest in each case, working on a contingency fee basis, so you only pay legal fees if we win. We'll protect your rights, handle legal details, and fight for the settlement you deserve. Contact us today at 219-942-7171 or online to learn how we can pursue the compensation you need to move forward. Let us advocate for you while you focus on recovering from your accident.
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