Driving is an activity that is routine and part of day-to-day life for most people. As a result, we sometimes forget what a dangerous activity driving can be. In fact, it is more dangerous to get behind the wheel of a car than it is to get on an airplane. Thousands of people are killed in car accidents in the U.S. every year.
While losing a loved one in a car or motorcycle accident is tragic and devastating, when someone else’s actions contributed to this loss, you may have the right to file a wrongful death lawsuit. Wrongful death in a car accident can be based on a number of factors, including negligence or recklessness of another driver, criminal activity of another driver, or a manufacturing defect with the automobile or motorcycle manufacturer.
Car accident fatalities are commonly caused by distracted driving, driving under the influence, reckless driving, such as speeding or racing, bad weather conditions or road maintenance, car manufacturing defects and fatigued or inexperienced drivers.
To determine if an accident with any of these causes, or any other potential cause, may be the basis for a wrongful death action, there are a few things to consider. Wrongful death laws may vary state to state, but most wrongful death claims contain several common elements. A successful wrongful death suit must show (1) another individual caused an accident that resulted in death, (2) the other driver acted negligently, criminally or was otherwise at fault, (3) there is a surviving family member to file suit, and (4) there are monetary damages resulting from the accident and death.
Types of fault and damages can take many forms and can vary by state. If you have suffered the tragic loss of a family remember in a car or motorcycle accident, it is essential to consult with an experienced personal injury attorney to assist you with your wrongful death claim.
Source: FindLaw, “Wrongful Death in a Car Accident,” accessed March 04, 2018.
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