Car accidents are just a part of life, as said as that is. And in many cases, these car accidents bring about death. In 2014, nearly 3,200 people died as a result of car accidents. Another 431,000 people suffered injuries. Motor vehicle accidents are serious incidents that have to be adequately addressed not only from a safety perspective, but from a liability perspective too.
Now, car accidents can happen for a wide variety of reasons. One common “bucket” of reasons though is negligence. This can range from distracted driving (such as texting while driving or using a cell phone while driving) to drunk driving, and everything in between (like driver fatigue, speeding, and running a red light).
These wrecks often have devastating results that can be fatal. When someone loses their life as a result of a car accidents, their family member and loved ones — or the representatives of their estate — may file a wrongful death lawsuit. This lawsuit can be difficult to prove, and every state has different rules regarding wrongful death. However, there are some common pillars of proof that must be in a wrongful death lawsuit:
- The accident must have caused a death
- The other driver involved must have been negligent or reckless in some way, making them at fault for the crash
- The deceased person is survived by dependents (family members, loved ones, etc.)
- The death caused monetary damages to the family members or loved ones
Source: FindLaw, “Wrongful Death in a Car Accident,” Accessed Oct. 2, 2017