What Happens When Someone is Killed in a Car Accident?
If someone has undeniably committed an accident that kills someone, they might suffer culpability, which requires obtaining legal guidance from an experienced personal injury attorney in Sacramento. Over thousands of individuals die due to auto accidents across the country every year, wherein some pass on the spot while others live long to seek treatment but later die because of their injuries.
On the contrary, survivors may experience PTSD and enormous emotional strain amidst the where and how of seeking assistance from a car accident lawyer in Natomas. This blog post demonstrated the answers to the question,” What happens when someone dies in an auto accident, and how does a family deal with the legal and financial consequences of such a devastating car accident that culminates in the loss of a beloved?
What Happens When Someone Is Killed In A Car Accident?
1. Legal and Financial Consequences
The consequences of the death of a loved one are not just limited to being emotionally taxing. There are also legal and economic consequences of the incident that can result from a fatal accident. If you are a surviving family member of the victim, you have the right to file a personal injury lawsuit against the party responsible for the accident. This will allow them to pursue compensation for the legal and financial damages caused by the wrongful death.
2. Wrongful Death Lawsuit
The surviving family members have the right to file wrongful death claims if someone else’s negligence has resulted in the car accident and death of their loved one. The wrongful death lawsuit is mainly restricted to the surviving spouse, children, or parents of the deceased individual.
In such cases, one can hold several entities responsible based on the nature of the accident. For example-
- A negligent driver may be at fault if they were being reckless or driving under the influence.
- Vehicle manufacturers could be held responsible for the accident if they have created faulty parts or improperly installed specific systems that caused the car crash.
- A local government agency could also be liable for failing to maintain safe road or travel conditions.
A wrongful death lawyer can pursue legal action to ensure your chances of getting justice, negotiate a fair settlement with the insurance company, and hold the at-fault driver accountable.
| We’re Here to Help You Find Justice After a Wrongful Death – Call Now |
3. Survival Actions
Owing to the devastating nature of any accident, some victims of a car accident suffer terribly before they pass away. In such cases, the surviving family members can pursue a survival action that seeks damages for the suffering the victim underwent due to the accident before their death.
4. Insurance in Wrongful Death Claim
For an insurance claim in a wrongful death, the at-fault party’s insurance company is usually responsible for paying damages, no matter what the claim is. In cases where the at-fault driver is uninsured or underinsured, and their insurance policy does not cover all damages, the claimant can file a lawsuit against them. The insurance company of the negligent party will use various methods to make sure they do not lose the case, and that is why you need to consult a car accident lawyer in Carmichael for legal guidance and expertise.
5. Probate and Estate Administration
After the tragic death of a person due to a car accident, it is necessary to have their estate resolved. This will require a legal process to handle the assets and debts. However, if no one applies for certain assets, the state law will handle those assets.
The Culpable Driver Might Confront Criminal Charges, Though It Isn’t Always the Case!
While most car accidents occur due to the recklessness or carelessness of the driver, if the collision kills someone, the driver might suffer criminal charges, like vehicular manslaughter. However, whether or not a driver is legally accountable for causing the death is determined by the local district attorney after considering several factors, including the following-
- The accident happened due to being under the intoxication of drugs or alcohol. A severely drunk or drugged driving accident always results in criminal penalties against the motorist.
- The motorist was imprudent and violated traffic regulations. If a car accident happens owing to a flagrant violation of driving regulations, like reckless driving, the driver will confront criminal charges.
- A fatal accident resulting from a situation beyond the driver’s control, including bad road conditions, unanticipated mechanical breakdown, or natural events, will probably result in criminal charges. That is why you need to get in contact with an accident lawyer in Sacramento when dealing with such a serious and tragic issue.
What Are The Legal Issues One Might Face?
If you lose a loved one in a car accident, depending on the law, the following parties have the right to sue the at-fault driver-
- The surviving spouse and children
- If the spouse does not survive the vehicle accident, the child
- The parents or relatives may be eligible if everyone dies in a car accident.
Engage an experienced auto accident lawyer in Sacramento to file a lawsuit against the guilty party to get the desired compensation to cover funeral and burial fees, hospital expenditures, emergency transportation, and anguish.
Even though filing a lawsuit is the last thing the family wants to do, they will discover it worthwhile, as the wrongful death car accident settlement enables them to focus on their grief while recovering from the agony of a loved one. However, while there’s no similar procedure to mourning for your beloved, adhering to the same routine, taking good care of each other, and not refusing to seek assistance from an attorney when required can help you recover from this trauma.
The Bottom Line
If you’re curious about what happens when someone is killed in a car accident, understanding the aftermath can help you in future planning. The at-fault driver may face criminal penalties, and family members of the deceased may be eligible for financial compensation.
Moreover, becoming proactive is a viable way to deal with road injuries and accidents. Abiding by the rules of the road while taking precautions to ensure the safety of people in the car can help minimize road fatalities.
| Let Us Help You Through This Difficult Time – Call for a Free Consultation. |
Are You Looking For An Experienced Accident Lawyer In Sacramento? Look No Further Than Doyle & O’Donnell.
Being involved in a car accident and losing a loved one is as tragic as it can get. But, the legal twists and turns do not have to add to your difficulties. That is where Doyle & O’Donnell, the best car accident lawyer in Carmichael, comes into play.
Our legal professionals and experts are highly experienced and will leave no road unexplored to help you achieve the proper outcome by supporting you throughout the legal process. Contact us today!