According to the National Highway Traffic Safety Administration (NHTSA), if you are between the ages of 2 and 34, you are more likely to die in a car accident than by any other means. Automobile collisions are the leading case of death in this age group.
As chilling as this statistic is, it leaves loved ones with a lot of questions in the aftermath of a fatal accident. One of the most common questions we get asked is, do I have grounds for a lawsuit? Like so much of the law; the answer depends on the facts and proof in each case.
When Wrongful Death Applies to Car Accidents
Filing a lawsuit over the wrongful death of a loved one who dies in a car accident isn’t always applicable. The grounds for the suit go far beyond the bounds of carelessness.
There are three instances where it legally applies:
- Reckless behavior
- Negligence
- Inaction by another driver
Essentially, you are saying if these factors weren’t present, the fatal accident would not have occurred, and your loved one would not have died. That’s not only a serious accusation to level at someone else; it requires a heavy burden of proof to make your case.
Careless behavior or unexpected conditions increase the likelihood of getting into an accident, but negligent, reckless behavior can turn what is likely into a ticking time bomb of certainty.
These actions have consequences. When one of those consequences is the death of someone else, it is considered a wrongful death and a lawsuit can be filed to recoup damages.
What Constitutes “Reckless Behavior” and What Damages can be asked for?
There are many instances that qualify as legally negligent or reckless. Here are a few examples:
- Driving while drunk or under the influence
- Driving while impaired by prescriptions or illegal drugs
- Driving while talking/texting on a cell phone
- Ignoring traffic signals, devices,or signs
- Breaking traffic laws
- Falling asleep at the wheel
- Failing to yield the right of way to another vehicle or a pedestrian
- Leaving the scene of an accident
- Aggressive driving (aka. “road rage”)
- Drag racing
- Defect in the car
All of these actions can be the catalyst that causes the death of another person. If you are able to prove that the action or inaction of another person makes them responsible for the fatal accident, you are entitled to damages.
These damages include, but are not limited to:
- Medical costs
- Funeral costs
- Pain and suffering, and mental anguish
- Loss of future wages
- Loss of support and/or companionship
The personal injury lawyers at Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas understand no amount of money can replace the loss of a loved one, but it can ease your subsequent financial hardship. If you feel you have a wrongful death case after a fatal car accident, please call our experienced Amarillo personal lawyers today.