What happens when someone dies in a car accident isn't always the same. State jurisdiction, accident type, and who is at fault for the collision may result in different outcomes. One thing remains consistent: you should consult a car accident lawyer to discuss your legal right to file a wrongful death claim or lawsuit to seek justice and compensation for your loss. Schedule your free consultation.
Who Is Liable When Someone Dies in a Car Accident?
Generally, the at-fault driver is liable when someone dies in a car accident. However, other parties are liable in some circumstances, and multiple liability is also possible. Examples of other parties who are liable when someone dies in a car accident are as follows:
- Employers: If the at-fault motorist was working at the time of the accident, employers may be held vicariously liable for their employee's negligent actions. A typical example of employers being liable is trucking companies for commercial truck accidents.
- Government Entities: Government entities, including county, city, state, and federal government units, may be liable when someone dies in a car accident caused by poor road conditions, such as large potholes and inadequate lighting.
- Vehicle and Part Manufacturers: If a faulty vehicle or part causes an automobile to malfunction and crash, the vehicle or parts manufacturer is liable for damages.
Dram shop liability holds alcohol providers liable for injuries and damages caused by their intoxicated drinking patrons. Forty-five states, including Connecticut, impose dram shop liability laws. In the event of wrongful death, surviving family members can sue the alcohol retailer, in addition to the driver, for monetary damages. Many states have limits on recoverable damages, limitations on who can be sued, and considerably stricter standards for viable proof of wrongdoing.
What Happens to the Liable Driver?
Depending on the circumstances of the collision, the at-fault driver may face criminal charges in a car accident when someone dies. However, they do not always warrant them. An at-fault motorist may face criminal charges, such as vehicular manslaughter, for circumstances including:
- Impaired Driving: Driving under the influence of alcohol, illicit drugs, over-the-counter medications, and pharmaceuticals.
- Reckless Driving: Driving recklessly, such as speeding, tailgating, ignoring traffic laws, racing, weaving in and out of traffic, and road rage.
- Distracted Driving: Distracted driving that causes wrongful death may be viable, for example, when drivers are distracted on their cellular phones.
Hit-and-run collisions are another example of a criminal act. They are when a driver flees the scene of a car accident. Hit-and-run accidents are criminal, regardless of injury or wrongful death. If your loved one is a victim of a hit-and-run collision, contact a car accident attorney to help investigate and locate the fleeing driver before filing criminal and civil charges. Drivers will not be criminally charged when a fatal accident is not the driver's fault due to poor road conditions or an Act of God, such as a natural disaster.
What Happens When the At-Fault Driver Dies in a Car Accident?
While most claims involve family filing for wrongful death, sometimes the at-fault driver dies. If the at-fault motorist dies in a car accident, you may still be entitled to seek compensation for your injuries from the decedent's estate. If both a loved one and the at-fault driver die in a car accident, you can also file against the at-fault driver's estate.
The estate executor may sell some of the decedent's assets to compensate you for your debt. The deceased driver's insurance may also be liable for compensating you for losses and damages, depending on their policy terms. A car accident attorney will investigate all viable avenues of securing a settlement for your loss.
Why You Need a Lawyer When Someone Dies in a Car Accident
Your wrongful death lawyer can handle the legal system and claims process. unnecessary for grieving families. When wrongful death occurs, there are two victims: the decedent and the decedent's loved ones. Let an experienced car accident lawyer manage your claims process or lawsuit so that you can focus on your loved one's final arrangements and your recovery.
Case Investigation
Successful wrongful death claims are built on sound evidence and clear liability established through a comprehensive investigation. After you hire a lawyer, they will immediately jump into action, gathering and preserving evidence, including:
- Video footage of the car accident from traffic cameras, dashcams, and commercial and residential security cams
- Medical records and bills
- The autopsy report and death certificate
- Photos from the accident scene
Lawyers will also secure eyewitness statements and testimonies vital in proving negligence and wrongdoing, as well as a need to compensate for your damages. The length of your case investigation depends on the complexities of the case and the length of treatment you wrongful death claimants experience when attending therapy or other mental health services after losing a loved one.
Case Valuation
A significant benefit to having a lawyer when someone dies in a car accident is their exhaustive evaluation of wrongful death damages to maximize claims. Wrongful death creates economic and non-economic damages that are recoverable in a claim or lawsuit, such as:
- Final arrangement expenses (funeral, burial, cremation)
- Final healthcare costs of the decedent
- Income losses of the decedent
- Pain and suffering (of the decedent and surviving family)
- Loss of consortium (for surviving spouses)
- Loss of guidance and support (for surviving children)
- Loss of household services
- Loss of financial support
You can help your lawyer prove these damages with documents demonstrating financial losses, for example, medical bill statements, invoices for final arrangements, and receipts for out-of-pocket costs. After calculating the economic damages in your wrongful death claim, they will determine the value of your intangible losses, such as pain and suffering.
Case Negotiation
It's standard practice for insurance companies to counter attorney demand letters with lowball offers. It starts the negotiation process. Depending on how difficult an insurer makes the process, it can involve many rounds of negotiations before everyone agrees on the terms. Your lawyer should discuss all offers liable insurance companies put on the table before advising whether you should consider accepting the offer or holding out for more.
Consult a Car Accident Attorney
Schedule a free case evaluation to discuss your wrongful death claim with an experienced attorney. Come prepared for your consultation with questions to gauge prospective lawyers' responses, compassion, and tone. It should provide peace of mind, knowing that a legal professional who handles cases similar to yours is advocating for your rights.