Around the US, nearly 43,000 people die in car accidents every year. Worldwide, that number is 1.9 million. While it’s a tragic fact of life, it’s important to know what steps to take in case you are involved in a fatal car accident. Not only does this ensure the well-being of those involved, but it also protects your legal rights and helps determine liability. In this article, we’ll go through the legal implications of fatal car crashes and what your options are for compensation.
Liability in Fatal Car Accidents
No matter what actually caused the collision or who was responsible, death is almost always the result of the crash. In most cases, the driver at fault for the accident is also held responsible for the death. Depending on your state and circumstances, this could be considered either negligence, recklessness, or even manslaughter.
- Negligence means that the driver failed to exercise reasonable care on the road.
- Recklessness occurs when a driver knowingly puts others in danger by driving carelessly or breaking traffic laws.
- Manslaughter charges may be brought if the driver was under the influence of drugs or alcohol, or intentionally caused harm.
With both negligence and recklessness, the driver could be held responsible in a civil court for damages to victims or their families. In the case of manslaughter, criminal charges may also be brought.
After the accident, dozens of factors will be analyzed, including surroundings, compliance with traffic laws, and any potential distractions, to determine the responsible party and whether there were extenuating circumstances that could not have prevented the accident or death of the individual.
Types of Fatal Crashes
How accidents are classified depends on the circumstances surrounding the death. There are two main types of accidents that end fatally.
- Sudden death accidents occur when the person dies immediately on impact. Usually, this happens when heavy vehicles or extreme speeds are involved.
- Eventual death accidents happen when the victim dies a few days or weeks after the accident, due to injuries sustained. These can include internal bleeding, brain trauma, or organ damage.
Compensation for a Fatal Car Accident
If you have lost a loved one in a fatal car accident, there are ways to seek fatal accident compensation for your loss. If the accident was caused by another driver’s negligence or recklessness, you can file a wrongful death lawsuit. This will usually result in a monetary settlement for damages such as funeral expenses, medical bills, and loss of income.
If the at-fault driver was uninsured or underinsured, you can file a claim with your own insurance company for compensation. In some cases, criminal charges may also be brought against the responsible party. If they are found guilty, they may be ordered to pay restitution to the victim’s family.
Coping With Your Loss
Losing a loved one in a car accident is an incredibly difficult experience. It’s important to take care of yourself and your loved ones during this time.
- Seek therapy or counseling to help you process your emotions and cope with the loss.
- Lean on friends and family for support.
- Don’t be afraid to ask for help and accept it when offered.
- Take time to grieve, but also try to maintain a routine to keep yourself occupied.
- Remember to take care of your physical health, as well as your mental and emotional well-being.
Endnote
Fatal car accidents are a tragic reality, but knowing what steps to take in the aftermath can help you protect yourself and seek justice for your loved ones. Always consult with a car accident lawyer to understand your legal options and rights after a fatal car accident. And, above all, always prioritize your safety on the road to prevent future accidents from occurring.
