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When can a fatal car crash lead to a wrongful death claim? 

On Behalf of | Apr 10, 2023 | Wrongful Death

From minor bruises to broken bones, head and spinal injuries, a car accident has the potential to cause a wide range of injuries. If you sustain an injury following a car accident that is not your fault, you need to hold the negligent party liable through a personal injury lawsuit. 

What happens, however, when a car crash results in a fatality?

This is where a wrongful death claim comes in. Through a wrongful death lawsuit, you can seek compensation for the decedent’s medical bills if they spent time in the hospital before succumbing, funeral costs, lost income as well as pain and suffering.

Every motorist owes other road users (other motorists, cyclists and pedestrians) a duty of care. Basically, this is their responsibility to operate a motor vehicle in a manner that is mindful of the safety of the public. Specifically, motorists have a duty to keep their vehicles roadworthy, observe traffic rules, avoid distractions while driving and yield the right of way when they should. 

When a motorist breaches their duty of care, resulting in a fatal accident, they can be held liable. Here are examples of negligent driver behaviors that can justify a wrongful death claim:

  • Speeding beyond the designated speed limit
  • Wrong-way driving
  • Drunk driving
  • Distracted driving
  • Running the red light
  • Failing to give way at the crosswalk

Holding the liable party accountable for a death

A loved-ones untimely death can be traumatic, to say the least. If you lose someone you love following a fatal car crash, you need to file a wrongful death claim against the negligent driver.