Fatal Car and Road Accident Lawyers

Experiencing the loss of a loved one in a fatal car accident is an unimaginable tragedy. In the wake of such a devastating event, you may find yourself faced with many questions and concerns, particularly related to legal avenues and compensation. This article aims to shed light on these crucial matters. 

Despite vast improvements in road safety, tragically, over 38,000 people die in car accidents in the United States every year and car accidents are the leading cause of death for people aged 1-54 in the US.

We’re here to help you navigate through the aftermath of a fatal car or road accident including motorcycle, truck, cyclist and pedestrian fatal accidents – from understanding the common causes to introducing you to the legal steps involved in making a claim. Our goal is to take the complexity out of the process, making it less overwhelming for you during this difficult period. 

Common Causes of Fatal Car Accidents 

Understanding the common causes of fatal car accidents can help families piece together the events leading up to their tragic loss. This list is not exhaustive, but it provides a starting point for understanding the factors that commonly play into these devastating incidents.  

  • Drunk Driving and other substances: Despite stringent laws and widespread public awareness campaigns, drunk-driving remains a contributing factor in nearly 30% of all fatal car accidents. Alcohol impairs the ability to operate a vehicle safely, affecting judgment, coordination, and reaction times. Other forms of DUI (driving under the influence) including illegal drugs and prescription drugs.
  • Distracted Driving: Every year, approximately 3,000 lives are tragically lost in car accidents attributed to distracted driving and is attributed as a factor in 10% of fatal accidents. Distracted driving is not just using a smartphone, it encompasses any action that draws focus away from driving, consuming food and beverages, conversing with passengers, or adjusting the entertainment system, car settings or navigation systems.
  • Reckless Driving: Speeding, changing lanes without signaling, tailgating, and other careless behavior can result in severe accidents. Reckless drivers may lose control of their vehicle or be unable to respond to traffic conditions, pedestrians, or other drivers.  This becomes particularly alarming when considering that speeding is a factor in around 30% of all fatal car accidents.
  • Weather Conditions: Poor weather conditions like rain, snow, fog, or ice can make roads slippery, reducing vehicle traction and causing accidents. Drivers failing to adjust their driving patterns to accommodate these conditions contribute to accidents.
  • Fatigue: Tired drivers can fall asleep at the wheel or have slowed reaction times, both of which can result in fatal accidents. Inadequate rest before a long drive, sleep disorders, or working long hours can all contribute to driver fatigue. 

What should I do if my loved one dies in a car accident?

The sudden loss of a loved one due to a fatal car accident is undoubtedly one of the most heart-wrenching experiences one can face. It can leave you feeling bewildered and overwhelmed. However, amidst the grief and mourning, there are certain steps you should consider taking to protect your rights and seek justice on behalf of your loved one. 

  • 1: Report the Accident: Firstly, ensure that the accident has been reported to the police, if it wasn’t already at the scene. This is a crucial step, as the police report serves as an official record of the accident and can be pivotal evidence in any future legal proceedings.
  • 2: Seek Legal Advice: As soon as you are able, consult with a fatal car accident lawyer. They can guide you through the legal intricacies of a wrongful death claim, which can be quite complex and overwhelming especially in such a difficult time. They can help you understand:
    • Your legal rights
    • The process of filing a claim
    • The types of damages you might be entitled to
  • 3: Gather Evidence: The lawyer can also assist you in gathering crucial evidence related to the accident. This might include: 
  • Photographs of the accident scene
  • Testimonies from witnesses
  • Medical records
  • Police reports

Coping with the loss of a loved one is incredibly difficult, but it’s important to remember that you don’t have to navigate the legal process alone. A compassionate and experienced fatal car accident lawyer can provide invaluable support and guidance during this challenging time.

Understanding Wrongful Death Claims

In the aftermath of a fatal car accident, understanding wrongful death claims can provide a way to seek justice and compensation for your loss.

A wrongful death claim is a legal action brought by the surviving family members of the deceased against the responsible party. It aims to hold them accountable for their negligence, recklessness, or misconduct that led to the fatal accident. Wrongful death claims cover various forms of compensation, including:

  • Medical Bills: Expenses related to medical treatment and care before the individual’s passing.
  • Funeral Expenses: Costs associated with funeral and burial arrangements.
  • Loss of Financial Support: Compensation for the income and financial support the deceased would have provided to the family.
  • Emotional Distress: Compensation to address the emotional pain and suffering experienced by the surviving family members.

It’s important to note that wrongful death claims involve complex legal procedures, and having an experienced attorney on your side can be invaluable in navigating this process. They can guide you through the necessary steps and advocate for your rights, allowing you to focus on healing and remembering your loved one.

Who is Eligible for Compensation After a Fatal Car Accident?

Compensation after a fatal car accident is typically available to certain individuals who have been directly affected by the loss. The following parties are usually considered eligible:  

  • Spouses or Partners: If the deceased was married or in a civil partnership, their partner may be entitled to seek compensation for loss of consortium, emotional distress, and financial support.
  • Children: Minor children, including adopted children, of the deceased might be eligible for compensation. This can cover the loss of parental guidance, emotional support, and future financial provision.
  • Parents: The parents of a deceased minor or dependant adult may be able to claim for bereavement and loss of prospective financial support.
  • Dependants: Any individual who was financially dependent on the deceased, such as a live-in elderly or disabled relative, could potentially seek compensation for future financial losses.
  • Estate: The deceased’s estate, often represented by an executor or administrator, can claim for funeral expenses and other losses directly linked to the death.

Time Limits for Filing a Wrongful Death Claim 

Compensation Time Limits in California 

California law stipulates a strict statute of limitations for filing a wrongful death claim. This is basically the time period within which the claim must be filed. In California, the wrongful death claim must be filed within two years from the date of the person’s death.

Time Limits in Other Major US States 

While every state has its own specific time limit, here are some of the major US states and their respective time limits for filing a wrongful death claim:  

  • Florida: The time limit for filing a wrongful death claim is typically two years from the date of death.
  • Texas: In Texas, the period for filing a claim is two years from the date of the victim’s death, with some exceptions.
  • New York: New York law gives the family two years from the date of death to file a wrongful death claim. However, if the deceased was under 18, the time limit may be extended.
  • Illinois: You typically have two years from the date of death to file a wrongful death claim in Illinois, but there may be exceptions to this rule. 

It’s crucial to understand the specific deadlines for filing a wrongful death claim in your state, as they vary and may have exceptions. Though it may seem overwhelming, remember that you do not have to navigate this process alone. Hiring a dedicated fatal car accident attorney can ease the burden by ensuring the legal side of things is handled correctly and within the dictated time frames.

Importance of Hiring a Fatal Car Accident Lawyer

Experiencing the loss of a loved one in a fatal car accident is truly heart-wrenching. On top of the emotional pain, you may find yourself grappling with financial difficulties from lost wages and escalating medical expenses. A fatal car accident lawyer can be an invaluable asset in these difficult times. Here’s why:  

  • Legal Guidance: Navigating the effects of a fatal accident can be intricate and complex. A lawyer experienced in fatal car accidents can guide you through the complex legal processes, helping you understand your rights and the best course of action.
  • Compensation Claim: Compensation can never replace your lost loved one, but it can ease the financial burden. A lawyer will help you file a wrongful death claim, seeking compensation for funeral costs, loss of earnings, and emotional suffering.
  • Negotiation Skills: Insurance companies may try to minimize the compensation they pay out. A fatal car accident lawyer will negotiate on your behalf, aiming to achieve the maximum possible settlement.
  • Evidence Gathering: Collecting the right evidence is crucial for your claim. Your lawyer will investigate the accident, gather evidence, and build a strong case to support your claim.
  • Time Management: Every state has a statute of limitations that dictates the time frame within which a wrongful death claim must be filed. Your lawyer will ensure that you adhere to these crucial deadlines. 

In conclusion, dealing with the aftermath of a fatal car accident can be overwhelming and distressing. However, a competent lawyer can provide much-needed support and guidance during such trying times. They can help to navigate the complex legal processes, negotiate with insurance companies, and gather compelling evidence to strengthen your claim. Furthermore, they can ensure that your wrongful death claim is filed within the stipulated deadlines. While no amount of compensation can replace your lost loved one, it can help mitigate the financial impact of such a tragic event.

Updated on August 18, 2023

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