Losing a loved one in a fatal car accident is a devastating tragedy. When that accident was caused by someone else’s negligence or wrongdoing, it can feel even more painful and unjust. If your family member was killed in a wrongful death car accident, you may be feeling lost and unsure where to turn. At Wrongful Death Lawyer, our compassionate care team is here to provide the information and support you need during this difficult time. While no amount of money can ever make up for your loss, pursuing a wrongful death claim can provide a sense of justice and much-needed financial assistance for your family.
What Is Considered a Wrongful Death Car Accident?
A wrongful death occurs when someone is killed due to the negligence, recklessness, or intentional actions of another party.
In the case of fatal car accidents, this often involves a driver failing to follow traffic laws or exercise reasonable caution behind the wheel. Some examples of negligence that commonly lead to wrongful death in car accidents include:
- Speeding excessively or driving too fast in uncertain conditions
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
- Distracted driving, such as texting or using a phone
- Fatigued driving or falling asleep at the wheel
- Failing to yield the right of way
- Following too closely or aggressive driving maneuvers
- Driving a poorly maintained vehicle with faulty brakes, tires, etc.
If the fatal crash was caused primarily by the other driver’s careless or reckless actions rather than the fault of your loved one, you likely have grounds for a wrongful death claim. Even if your family member was partially at fault, you may still be able to recover compensation if the other driver was more than 50% responsible for the accident. The specifics depend on the laws in your state.
Who Can File a Wrongful Death Claim After a Fatal Car Accident?
State laws dictate which surviving family members are eligible to bring a wrongful death lawsuit. In Arizona and South Carolina, the following parties generally have the right to file a claim (in order of priority):
- Surviving spouse
- Surviving children (if there is no spouse or the spouse does not file within one year)
- Surviving parent or guardian (if there is no spouse or children)
- Personal representative of the deceased person’s estate
The purpose of a wrongful death claim is to compensate close family members for the financial and emotional damages they have suffered due to the untimely death of their loved one. If there is no surviving spouse, child, or parent, the personal representative of the estate can pursue a claim on behalf of the estate and any other heirs.
Common Causes of Wrongful Death Car Accidents
While every fatal car accident is unique, certain recurring factors contribute to these tragic events.
Below are some of the most common causes:
- Distracted driving: Texting, talking on the phone, eating, or using in-car technology can divert a driver’s attention and lead to catastrophic consequences.
- Driving under the influence: Alcohol or drug impairment reduces reaction time and impairs judgment, often resulting in devastating collisions.
- Excessive speed: Driving above the speed limit or too fast for road conditions can reduce a driver’s ability to avoid obstacles or respond to sudden changes.
- Reckless driving: Aggressive maneuvers like tailgating, weaving through traffic, or ignoring traffic signals can significantly increase the likelihood of fatal accidents.
- Failure to maintain vehicles: Mechanical failures, such as faulty brakes or worn tires, can lead to fatal crashes if proper maintenance is neglected.
What Types of Damages Are Recoverable in Wrongful Death Settlements Car Accidents?
No amount of money could ever replace your loved one. However, a wrongful death settlement aims to ease the financial strain caused by your sudden loss and provide stability for your family’s future.
Depending on the unique circumstances, compensation in a fatal car accident lawsuit may account for the following:
- Medical bills incurred by your loved one prior to their passing
- Funeral and burial expenses
- Loss of your loved one’s expected income and benefits
- Loss of an inheritance you would have received
- Loss of services, protection, care, and assistance provided by the deceased
- Loss of companionship, guidance, and emotional support
- Mental anguish and grief
- In some cases, punitive damages to punish egregious negligence
Our dedicated team can help you determine the types of damages that may apply in your case and gather evidence to support your claim for maximum compensation. We understand that you are going through an overwhelming time. Let us handle the legal process so you can focus on grieving and healing with your family.
How Do I Prove Fault for a Wrongful Death in a Car Accident?
Building a strong wrongful death case requires clear evidence of the at-fault party’s negligence and how their actions contributed to the fatal car accident lawsuit. Our skilled investigators can help gather the necessary proof, which may include:
- Police accident reports
- Photos and video of the crash scene
- Damaged vehicle inspection
- Eyewitness statements
- Cell phone records
- Toxicology results showing the other driver was impaired
- Black box data from the vehicles involved
- Expert accident reconstruction and analysis
- Medical records and autopsy reports
The more evidence we can present showing the other driver was at fault for the accident, the stronger position you will be in to secure a fair settlement. Even if fault seems obvious, insurance companies will look for any opportunity to deny or minimize liability for a wrongful death claim.
Our experienced team knows how to proactively address potential defenses and fight for the justice your family deserves.
What Is the Statute of Limitations for a Wrongful Death Car Accident?
The statute of limitations sets a legal deadline for filing a wrongful death lawsuit. If you miss this time window, the court will likely dismiss your case. In both Arizona and South Carolina, the statute of limitations for wrongful death is two years from the date of the person’s death (with some rare exceptions that may extend this).
While two years may seem like a long time, it is critical to begin the process as soon as possible to allow ample time to investigate and build a compelling case. Key evidence can disappear, and witness memories may fade over time. The sooner you reach out to our care team, the sooner we can get to work pursuing the accountability and compensation your family needs to move forward.
Partner With Trusted Advocates During Your Wrongful Death Case
At Wrongful Death Lawyer, we understand how challenging it can be to deal with complex legal issues while coping with grief and loss. You need a compassionate partner who will guide you through this process with dignity, respect, and a tireless commitment to achieving justice for your departed family member. When you reach out to us, you will find a safe space to share your story, ask questions, and learn how we can help lighten your burden during this painful chapter.
While taking legal action may feel strange at first, pursuing a wrongful death claim is often an important step toward healing and finding a positive path forward. By holding negligent drivers accountable for the irreparable harm they have caused, you can help prevent other families from enduring similar tragedies. You will also secure resources to honor your loved one’s legacy and face a more stable future. Though this time is filled with heartache, you do not have to weather it alone.
Contact our Care Team with questions regarding your wrongful death car accident case. We are here for you.
