Of all of the topics that a speaker may be asked to speak on, death is one of the most difficult. The loss of someone who was close to us is hard for anyone to bear. When a speaker is asked to talk about a topic like this, we have to approach it with a great deal of sympathy and care. There may be a number of issues that surround how someone passed on and we need to make sure that we are aware of them. Often we’ll find that our audience is looking for answers and they expect us to be able to provide them. As an example, let’s take a look at how we could go about preparing to talk about what happens when someone dies in a car accident.
Motor vehicle accidents accounted for 40,100 of the deaths in the United States last year in 2017. Distracted driving and higher speed limits are among the main contributors of these fatalities. With an average of 40,000 traffic deaths each year for the last three years, it is now apparent that our roads are no longer the safest.
Shockingly, very few people understand the implications in case of a fatal accident attributable to their fault or case of mechanical errors. Are you curious as to what happens when someone dies in a car accident? If yes, you should read on for all the information you need.
What Is a Wrongful Death Lawsuit?
If you lost a member of your family due to negligence or other forms of wrongful action, you might be eligible to file for a wrongful death claim. The compensation is meant to cover the losses or injuries resulting from the bereavement. Different states have different statutes that clarify the process of claiming compensation in such cases.
Who Can File for Wrongful Death Reparation?
As a family, are you worried about what happens when someone dies in a car accident? Legally, the immediate family are designated as the direct beneficiaries in case of a car accident resulting in death.
Spouses, children, adopted children and parents fall within the category of the immediate family. If you don’t have direct relatives, then distant family members such as siblings or life partners may be eligible to file for wrongful death.
What Grounds Warrant a Wrongful Death Claim?
The premise for a civil lawsuit in case of a wrongful death must be grounded on proof of accrued injuries. The bereaved family must demonstrate beyond any reasonable doubt that the death of a loved one had a direct emotional and financial impact on the dependants or beneficiaries.
The bereaved family members must substantiate the cause of death as having been a result of negligence, recklessness or deliberate action. Further, as a family, you may need to show evidence that untimely death caused measurable damages to such family members.
The Extent of Liability to the Driver
You may be wondering what happens when someone is killed in a car accident. Well, the first question ought to be the extent of liability on the driver(s). If you were the one on the wheel when the fatal accident happened, you might remain culpable even in death. This is especially if there is evidence to support the extent of liability.
If the facts of the case indicate blame on the end of the driver leading to the accident, then criminal charges may follow. There are definite reasons that may confirm a driver’s legal responsibility. They include inattentive driving, drunk driving or instances of impaired driving.
Dying on impact in a car accident due to an at-fault driver may lead to an automatic criminal conviction. Most determinations of criminality in a court of law are due to perceived human error. While this approach to justice may not bring back a loved one, it is a form of judicial vindication.
Civil Claim Against the At-Fault Party
Compensation is not enough in the case of wrongful death, because life is sacred. However, filing a civil claim can ensure that the offender compensates for the pain and agony caused. You may submit a wrongful death claim in case your loved one dies due to an at-fault accident.
Depending on your State’s legal status, a civil claim offers you the option of filing for survivorship action or wrongful death action. In both cases, the bereaved family is entitled to collect economic damages due to the pain and the loss caused.
What If You Are the At-Fault Driver in the Accident?
You may be the afflicted or the afflicter in the case of a fatal auto accident. You’re likely to face a protracted court process in such an instance. In case you caused death on the road for whatever reason, you should ensure that you do not exit the scene of the accident before making a formal report with the police.
You must then ensure that you inform your insurance provider in advance for a speedy process. You also need to involve an accident lawyer in case the circumstances of the accident end up accelerating to manslaughter.
What Happens When Someone Dies in a Car Accident? Can the Car Manufacturer Be Liable?
Tracing wrongful death and negligence when the car manufacturer is at-fault can present significant challenges. Not all accidents that lead to death are a result of at-fault drivers. In some cases, the mechanical difficulties salient in a car may lead to death.
What would happen if I died in a car accident? This is a question that most Americans would wish not to consider. But such instances often cause immense heartache, especially if the fault was with a third party.
Seeking Justice Is Your Prerogative
Dealing with an at-fault car manufacturer can be a potentially tedious and constraining process. Car accidents resulting in death lead to massive medical and burial expenses. The cost implications often leave the bereaved family financially inhibited.
Consequently, most of the bereaved families either feel intimidated or inadequate to file a wrongful death suit against perceived superior third-parties. If the autopsy photos of car accidents victims indicate a level of negligence on the manufacturer’s end, then you deserve compensation.
You only need to access the right legal support when filing a wrongful death lawsuit. The process does not take long. Once you can prove beyond doubt that the accident was a result of negligence on the end of the manufacturer, your compensation will follow soon after.
Suing for Compensation in the Event of Wrongful Death Is Not as Complicated
What happens when someone dies in a car accident? This is a concern that most families grapple with soon after a fatal crash. Suing for compensation may not guarantee closure, but it may be an essential step towards recovering the damages and expenses incurred due to the accident.