Suing for Wrongful Death After a Car Accident

Every year, thousands of Americans are killed in car accidents. If you have lost a loved one in a car crash, you could be entitled to damages from suing for wrongful death after a car accident. These lawsuits involve consulting with a wrongful death car accident attorney to find out if you have a valid legal claim.

Wrongful Death Defined

When someone is in a car accident and is injured due to the negligence of another, they can sue for compensation for their injuries. If a person is killed in a car accident, family members can file a lawsuit against the at-fault driver on the decedent’s behalf. They can also file a claim on their own behalf for any medical expenses or funeral costs they incurred during their loved one’s last care or burial. The family members can also sue for compensation of their pain and suffering at the loss of their loved one.

A wrongful death is a death that is caused by another person or business’ intentional, negligent, reckless, or criminal actions. Not all deaths will fall into this category, which is why legal assistance for a fatal car crash is necessary. Your attorney will analyze your wrongful death claim and the circumstances that surround it.

Who is Liable?

Every case is different, but generally speaking, a driver can be held responsible and liable for damages if they were driving while intoxicated or on drugs, made a careless error, was driving under distraction, recklessly, with excessive speed, aggressively, or passing illegally on the right.

It is not always an individual that is found to be responsible for wrongful death in a car accident. In the event that the car accident is caused by a car defect such as malfunctioning seat belts or brakes, a car manufacturer can be sued and found liable for the wrongful death.

Who is Allowed to File a Wrongful Death Lawsuit?

Of course, the decedent is incapable of filing their own lawsuit, so family members like a spouse, and in the case of no spouse, the decedent’s children can bring a lawsuit against the at-fault driver or manufacturer. If the decedent does not leave behind a spouse or children, the decedent’s estate representative or heir can carry out the lawsuit. They can also file for claims like medical expenses, burial costs, or compensation for pain and suffering.

While no one wants to be in the position of suing for wrongful death after a car accident, the help of an experienced car accident wrongful death lawyer can make the process as smooth and stress-free as possible.

When Truckers Cause Accidents

Accidents are always a possibility when driving a vehicle. The destructive force of a crash almost always leads to personal injuries and property damage. However, most of these will be minor and easily resolved. However, some will be major accidents that have lasting effects on those involved. The gravity of the situation tends to escalate with an increase in the disparity if the vehicle sizes. If a large truck collides with a small car, then the latter is far more likely to sustain massive damage as a result of the impact. Victims should not hesitate to sue for compensation and hire truck crash lawyers on your side.  

Truck Driver Negligence

Many of these crashes are the result of the driver’s behaviors. For instance, they might have taken some substance like alcohol that would impair their ability to react in time. States across the country show very little tolerance for commercial drivers who are caught having a blood alcohol level that is above the threshold. They have such a big responsibility that they cannot be allowed to engage in risky behavior.

Sometimes they break traffic rules such as driving above the speed limit in an effort to get to their destination in time. They have demanding schedules and hard deadlines. There are consequences if they do not perform as expected. If they experienced delays for whatever reason, they might try to make up time by covering the remaining distance faster than usual. This may not always play out as they intended.

Distracted driving is another common concern. In many cases, drivers fail to see incoming vehicles because their attention is focused elsewhere. They may be calling or texting someone over the phone, forcing them to avert their eyes from what is right in front of them. Countless crashes happen because of this. All of them could have been averted in a split second if only the person behind the wheel was able to turn in time.

Operator Negligence

If the cause of the accident is a mechanical failure, then the operator may also come into question. The vehicle’s maintenance records will be checked to see whether regular inspections and tune-ups were conducted. The repair logs will be scrutinized to determine if enough was done to fix issues and avert potential crashes.

Operators might also be liable if they did not follow the law when it comes to hiring qualified drivers or if they failed to provide their employees with adequate training. Their business and operational practices will be analyzed to see if these contributed to the accident.

When truckers cause accidents, the likelihood of fatality is unusually high. It is vital to prevent their involvement in crashes. Liability must be determined swiftly for the benefit of the victims.

 

LINKS:

  1. https://en.m.wikipedia.org/wiki/Traffic_collision
  2. https://en.m.wikipedia.org/wiki/Commercial_driver

Why Speeding is Dangerous

Most of us have broken the speed limit a little bit. Whether you missed a change in the speed limit, or you’re just running late, you might have gone over the recommended limit. However, that puts you and other drivers in a dangerous position.

We’ve all heard speeding is dangerous, but what makes it so deadly? If you’ve been speeding but you’re not sure what’s so bad about it, keep these factors in mind. They make speeding dangerous and even deadly, so you or the drivers around you will need to slow down to avoid these conditions.

Reaction Times are Reduced

Speeding is more than going over the designated limit—it also includes going too fast for dangerous conditions, like hazardous weather. Combined with slick roads, speeding can be deadly because you have even less time to react and avoid a crash.

When you’re driving, you’ll need to leave space between you and the car ahead of you that gives you time to slow down. But, the faster you go, the more space you’ll need to slow down. That means you’re more likely to lose control or simply not have the time to slow down when you’re speeding.  

Higher Speeds Mean More Fatalities

Maybe it was impossible to avoid an accident anyway. The other driver was acting in a reckless fashion, and they hit you. Unfortunately, that doesn’t mean speeding doesn’t play a part in the accident. It can make the accident even more dangerous than before.

When you’re moving at high speeds, the chances of injuries and fatalities are much higher. An accident that might have just left you with whiplash becomes much more serious the faster you’re going. As such, many areas are taking steps to protect pedestrians from speeding-related accidents by lowering the speed limit. Even going five MPH over the limit can affect how serious your injuries are.

Take Action When Someone Speeds

However, it might already be too late. You’ve been through a car accident caused by speeding, and now you’re seriously injured. Worse, you might have lost a loved one to speeding, and now you’re seeking compensation for your family’s losses.

Speeding injures and kills every day, but you can take steps to avoid being hit or to get the compensation you need after your accident. By slowing down and avoiding speeding drivers, you can reduce the chances that you’ll be hit and hurt by these drivers.

When you’ve already been in a collision, seek out a lawyer for your compensation. Speeding is a serious safety concern, and when someone hasn’t taken care with your safety, you’ll need to fight back for your compensation.