Car accidents are some of the more common injury claims a person could be involved in. However, some accidents could prove to be fatal depending on the level of negligence of the at-fault driver. In cases such as these, the family of the deceased could hold the opposing driver accountable for the death of their loved one.
Contact a Charleston fatal car accident lawyer today for more information regarding filing an injury claim. While financial compensation cannot make up for the devastating loss of a loved one, an injury claim may be able to hold the at-fault party justifiably liable for the damages sustained as a result of their negligence.
When Would a Car Accident be Considered a Wrongful Death?
Any accident involving a death could be considered a wrongful death. So long as the family members of the deceased can prove that there was a duty of care owed to their loved one who passed away, the at-fault party breached that duty, and that the breach of that duty led to their injury and untimely death, they could recover monetary damages from the at-fault party.
In most car accident scenarios, plaintiffs would be required to prove that the driver was acting negligently behind the wheel, such as texting while driving, drinking and driving, or excessively speeding in the moments leading up to the accident to potentially hold the careless driver liable for the death of their loved one.
Which Types of Accidents are Likely to Involve Fatal Injuries?
Accidents with a higher chance of victims sustaining fatal injuries include head-on collisions and rollover accident. In head-on collisions, victims may suffer significant injury depending on the location of the accident and the speed of the opposing vehicle. For example, if someone is driving in a parking lot and are struck on their front bumper by another vehicle, the victim may suffer minor injuries and property damage due to the low rate of speed and proximity of vehicles in parking lots. However, if the accident occurred on a major roadway where drivers are traveling at a higher rate of speed, a head-on collision could have devastating consequences on the victim’s health.
Rollover accidents are also known to harbor severe injuries. Unlike head-on collisions, rollover accidents are not likely to occur in parking lots, but on roads with higher speed limits. Most notably, these types of accidents tend to occur on highways where even the slightest miscalculation could cause a driver to lose control of their vehicle and flip over due to the momentum of their car or the car that may have struck them. If there are hazardous weather conditions involved, such as a snowstorm or heavy rain, the likelihood for these types of accidents to occur increases, ultimately amplifying the chance for a fatal accident to occur.
Claims for Victims Who Succumb to their Injuries
The estate of the deceased can still recover for damages if their loved one did not immediately pass away following an accident. In situations such as these, plaintiffs could still hold the at-fault party accountable for damages if the injuries their loved one died from was a direct result of the negligent party. It does not matter if their loved one passed on a second after the accident or 10 years after the accident. If the victim succumbed to their injuries caused by the accident, the opposing driver could still be held liable for damages.
Call a Charleston Fatal Car Accident Attorney Today
Car accidents could sometimes prove to be only a minor inconvenience. Unfortunately, other accidents may result in a driver losing their life due to the lack of care given by the at-fault driver. In cases such as these, the family of the deceased could hold the negligent party liable for the death of their loved on via a civil claim for compensation.
Although no amount of compensation could make up for the emotional loss of a loved one, you could use this award to pay off for death-related expenses such as funeral costs and medical bills. Contact a Charleston fatal car accident lawyer today to learn more.