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What could families do after a car accident leads to a fatality?

On Behalf of | Mar 22, 2021 | Car Accidents |

Car accidents occur with an alarming frequency in Texas. Sadly, many collisions end with someone’s death. Drivers, passengers, pedestrians, and bicyclists might be among those who suffer fatalities. Surviving family members may feel rage over the events and explore their legal remedies. It might be possible to file a wrongful death case in civil court, depending on the circumstances and evidence.

Wrongful death and car accidents

Wrongful death’s legal definition, in part, centers on negligence that caused someone’s life to end. The negligence may or may not be intentional, but some level of negligence exists. Certain surviving family members may then seek financial compensation and damages for the death.

Driving comes with many dangers and chances for accidents, so fatalities often occur. Drunk driving might be among the most well-publicized reasons for wrongful auto fatalities. Besides the criminal element, there may be a civil liability component, as well. Someone who gets behind the wheel intoxicated embraces negligent behavior and might face a civil suit for any harm caused.

The same might be true of distracted drivers, such as those who text and drive and persons who commit moving violations. Reckless driving and excessive speeding represent two ways someone might be negligent behind the wheel. Even outright fatigue could provide the basis for negligence in a wrongful death suit.

Other matters related to wrongful deaths

The driver might not be the only person responsible for the collision. Sometimes, the driver might not be at fault at all. A mechanic’s shoddy maintenance and a manufacturer’s defect may reflect the element of negligence. The surviving family members could file a lawsuit against multiple parties.

A wrongful death lawsuit may focus on punitive damages, loss of consortium, financial suffering, and other damages. Family members could seek an insurance settlement as auto liability coverage or another relevant coverage, such as business liability, might cover the loss. Suing beyond policy limits may be an option.

Car accidents may lead to serious injuries and wrongful death cases. Grieving family members could speak with an attorney about their loss. An attorney might provide insights regarding how to move forward with a claim.