Wrongful Death Claims for Fatal Car Accidents

Driving is a dangerous activity. It is one of the most hazardous activities that we do. You can try to lower some of this danger by never drinking alcohol, taking drugs, or texting while driving.

Yet, you still can’t control the other drivers on the road. Accidents happen despite the overwhelming amount of information about careless or unsafe driving. 

Wrongful death car accident cases can happen for various reasons, such as:

• Negligence or recklessness by another motorist
• Criminal activity, such as drinking while driving
• A manufacturing defect by the automaker

Below you will find key information about wrongful death car accidents, including the common causes and when someone is liable. Explore your options for filing a claim. You can also find an experienced wrongful death attorney to assist you with the legal process.

What Causes Fatal Car Accidents?

Common causes of fatal car accidents include:

• Texting and driving (distracted driving)
• Driving under the influence of drugs (including prescription drugs) and/or alcohol (DUI)
• Reckless driving (speeding, racing, passing when it is unsafe, etc.)
• Poor weather conditions
• Driver fatigue
• Street and highway defects
• Car manufacturing defects

Fatal car accidents are common. Think about all the times you have seen the news list the number of car crashes in a given time. For example, in 2021 alone, distracted driving accidents caused 3,522 people to lose their lives, according to the U.S. Department of Transportation.

The circumstances and cause of the accident affect whether someone else is liable for the loss of life. Not all fatal crashes allow the surviving family to sue. For example, a fatal accident during a severe winter storm might not be anyone’s fault under civil law. But other causes, like reckless driving, suggest that a death wouldn’t have occurred if it weren’t for the other person’s actions.

Elements of a Wrongful Death Claim

Every state has some form of a wrongful death statute on the books. Typically, a state’s wrongful death law will require you to show several common elements. This includes showing the at-fault driver breached their duty of care and caused the auto accident, resulting in the decedent’s death.

Michigan’s wrongful death statute is typical of what a grieving family must prove to win a wrongful death lawsuit, including:

• Another driver caused an accident that resulted in the death of your family member or loved one
• The driver acted negligently, wrongfully, or was otherwise at fault for causing the accident
• The deceased family member is survived by a spouse, child, or other dependents or beneficiaries
• There are monetary damages as a result of your loved one’s death

While all these state laws have similarities, it is vital to know the specific laws in your state. They can affect your case in many ways. You can verify the statute of limitations for filing deadlines and other requirements.

Who Can Sue for a Fatal Car Accident?

In order to have standing (the legal right) to file a wrongful death lawsuit, you typically must be an immediate family member, such as a surviving spouse, child, or parent of the deceased person.

Frequently, the personal representative of the estate will be responsible for filing the suit on behalf of the decedent’s estate and family members. But not every state has this requirement. For more information about how this process works, consult a wrongful death attorney in your state.

Types of Damages in a Wrongful Death Case

If you are a surviving family member, you can usually file a civil lawsuit to recover damages for your financial losses. Damages can include both economic and non-economic damages in some states.

Possible damages may include financial compensation for the following:

• Financial support
• Funeral costs/funeral expenses and burial expenses
• Loss of companionship
• Medical expenses/medical bills

Punitive damages may also be available in extreme cases. If the at-fault driver’s acts were so bad, they may also face criminal charges. The criminal case is separate from the civil lawsuit.

How Does Car Insurance Work in Wrongful Death Cases?

In many cases, the at-fault party has an insurance policy to cover the damages. Then the insurance company can pay out a wrongful death settlement to you. Or if your wrongful death case goes to trial, they could pay you a judgment if you prevail.

If the at-fault party is uninsured, then they are personally responsible for the damages.

Get Legal Help With Your Wrongful Death Claim

Losing a loved one because of negligent or distracted driving is devastating. While the law can’t bring that person back, it can help ease some financial burdens accompanying an untimely death.

If you or someone you love is considering filing a wrongful death action because of a car accident, you can greatly benefit from the help of an experienced personal injury lawyer. They can evaluate your claim, communicate with insurance companies, and fight for a fair outcome for you.