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Car accidents are an unfortunate reality of life, and they can result in severe injuries and even death. When a person dies in a car accident, it can be a devastating experience for their loved ones.
Not only do they have to deal with the emotional trauma of losing someone they care about, but they also have to navigate the legal and financial implications of the accident.
This article will explore what happens when someone dies in a car accident and the steps their loved ones can take to seek justice.
What Happens at the Scene of the Accident?
The scene can be chaotic and overwhelming after a fatal car accident. The first thing that happens is that the police are called to the scene. They will secure the area and investigate the cause of the accident. The police will take photos of the accident scene and collect evidence, such as skid marks and debris.
The police will also talk to witnesses and try to determine who was at fault for the accident. If the driver responsible for the accident is still alive, they will be questioned by the police. The police will also try to determine if any other factors contributed to the accident, such as a mechanical failure or a road hazard.
The Driver
If the driver responsible for the accident is still alive, they may be arrested and charged with a crime, such as vehicular manslaughter. The driver may also be sued by the deceased’s loved ones for damages.
If the driver was not at fault for the accident, they might still face the consequences if they were driving without a valid license or insurance. They may also be held liable for any damage caused to other vehicles or property.
The Vehicle
The vehicle involved in the accident will be impounded and investigated by the police. The vehicle may be released to the deceased’s loved ones if deemed safe. However, if the vehicle is deemed unsafe, it may be destroyed.
If the vehicle was leased or financed, the leasing or financing company might repossess the vehicle. The deceased’s loved ones may be responsible for paying any outstanding payments on the vehicle.
Who is Responsible for the Accident?
Determining who is at fault for a car accident where someone has died is crucial in seeking justice for the deceased. The responsible party may be liable for damages caused by the accident, such as medical expenses, funeral costs, lost income, and pain and suffering.
Here are some factors that may determine who is responsible for a car accident:
- Driver negligence: If another driver caused the accident due to their negligence, they might be held liable for damages. Examples of driver negligence include speeding, driving under the influence of drugs or alcohol, or failing to yield.
- Mechanical failure: If the accident was caused by a mechanical failure, such as brake failure or a tire blowout, the vehicle manufacturer or the part that failed might be liable.
- Road hazard: If the accident was caused by a road hazard, such as a pothole or an obstructed view, the government agency responsible for maintaining the road might be liable.
- Contributory negligence: Both drivers may have contributed to the accident in some cases. For example, one driver may have been speeding, while the other may have been distracted. In this case, both drivers may be partially responsible for the accident.
It is essential to work with an experienced attorney to determine who is responsible for the accident and seek justice for the deceased. The attorney can help the deceased’s loved ones gather evidence, build a strong case, negotiate with insurance companies, and represent them in court.
How Do the Deceased’s Loved Ones Seek Justice?
When a loved one dies in a car accident, their family and friends may seek justice through a wrongful death lawsuit. This type of lawsuit allows the deceased’s loved ones to recover damages for their loss and hold responsible parties accountable for their actions.
To file a wrongful death lawsuit, the deceased’s loved ones must show that another party was responsible for the accident and that their actions or negligence led to the death of their loved one. The loved ones must also show that they have suffered damages due to their loved one’s death.
An experienced attorney can help the deceased’s loved ones gather evidence, build a strong case, and represent them in court. The attorney can also help loved ones negotiate with insurance companies and ensure they receive fair compensation for their loss.
Recoverable Damages
The damages that can be recovered in a wrongful death lawsuit include economic and non-economic damages.
Economic Damages
Economic damages are losses that have a financial value and can be quantified.
They include:
- Medical expenses: The deceased’s loved ones can recover the cost of medical treatment that their loved ones received before their death.
- Funeral and burial expenses: The deceased’s loved ones can recover the cost of the funeral and burial expenses.
- Lost income: The deceased’s loved ones can recover the lost income their loved one would have earned if they had not died. This includes wages, benefits, and other forms of income.
Non-Economic Damages
Non-economic damages are losses that are not financially valued and are harder to quantify. They include:
- Pain and suffering: The deceased’s loved ones can recover damages for the physical and emotional pain and suffering that their loved one experienced before their death.
- Loss of companionship: The deceased’s loved ones can recover damages for the loss of their loved one’s companionship, love, and affection.
- Emotional distress: The deceased’s loved ones can recover damages for the emotional distress they have experienced due to their loved one’s death.
How Can a Lawyer Help?
When someone dies in a car accident, their loved ones may be overwhelmed with grief and uncertainty about the legal process. That’s where a car accident lawyer can help. An experienced attorney can provide guidance and support during this difficult time and ensure that the loved ones receive the compensation they deserve.
Here are some ways that a lawyer can help:
Gather Evidence and Build a Strong Case
A lawyer can help the deceased’s loved ones gather evidence, such as police reports, medical records, and witness statements. The lawyer can also investigate the accident scene and work with expert witnesses, such as accident reconstructionists, to determine the cause of the accident.
With this evidence, the lawyer can build a strong case to support the loved ones’ claims for damages. The lawyer can present the evidence in a compelling way and argue on the loved ones’ behalf in court.
Negotiate With Insurance Companies
Insurance companies may try to settle with loved ones for less than they deserve. A lawyer can help loved ones negotiate with insurance companies and ensure they receive fair compensation for their loss.
An attorney can review any settlement offers and advise loved ones on whether they should accept or reject them. If necessary, the lawyer can take the case to court to ensure the family members receive the compensation they deserve.
Represent the Family Members in Court
If the case goes to court, the lawyer can represent the loved ones and argue. The lawyer can present evidence, cross-examine witnesses, and persuade the judge and jury. The lawyer can also ensure that the loved ones understand the legal process and their rights. This can be especially helpful for loved ones unfamiliar with the legal system.
Losing a loved one in a car accident is a tragic event that can have lasting effects on family and friends. Family members must seek justice and hold responsible parties accountable for their actions. A wrongful death lawsuit can help them recover damages and provide closure.
Do you have a wrongful death lawsuit? Contact our team at Injury.io today.
Justice McDaniel is an experienced copywriter and blogger. She has over three years of experience providing outstanding legal content that ranks.
