Losing a loved one in a car accident is a devastating experience. If you believe someone else’s negligence caused the accident, you may have grounds for a wrongful death claim. Below are common scenarios that could potentially support such a claim.
Negligent driving behaviors
One of the most frequent grounds for wrongful death claims in car accidents involves negligent driving behaviors. These may include:
- Speeding
- Distracted driving (e.g., texting while driving)
- Driving under the influence of alcohol or drugs
- Reckless driving
- Failure to obey traffic laws
If the at-fault driver engaged in any of these behaviors and resulted in a fatal accident, it could strengthen your case for a wrongful death claim.
Vehicle or road defects
Sometimes, the cause of a fatal car accident is not the driver but rather a defect in the vehicle or road conditions. Potential grounds for a wrongful death claim in these cases might include:
- Faulty vehicle parts (e.g., defective brakes or tires)
- Poor road maintenance
- Inadequate signage or traffic control devices
- Dangerous road design
The liable party could be a manufacturer, government entity or maintenance company in such cases.
It is important to note that proving negligence in a wrongful death claim can be complex. Each case is unique, and the specific circumstances surrounding the accident will determine the validity of your claim.
If you have lost a loved one in a car accident and believe you may have grounds for a wrongful death claim, consider seeking legal advice. An attorney could evaluate your case, explain your legal options and guide you through seeking justice for your loved one.