Did you know that according to the U.S. Department of Transportation’s Fatality Analysis Reporting System, there are 12.2 deaths for every 100,000 people and 1.26 deaths for every 100 million miles traveled? Car accidents happen due to a lot of reasons and sometimes, even if you’re taking caution when driving, you will still meet irresponsible road users.
According to personal injury lawyer Michael A. Bliven, accidents involving two or more cars usually happen because someone is reckless.
Reckless driving leads to accidents that could cause fatalities for oneself and others. The fault may lie with the reckless driver who must pay for the damages, but there are also unique cases where harsh weather contributes to the incident. Other parties, including manufacturers and municipalities, could also share some liability.
Understanding the concept of liability could allow you to pursue a fair resolution. So, who can you sue if your loved one dies from a car accident?
Understanding Liability in Fatal Car Accidents
Determining fault in a wrongful death case can be difficult, and oftentimes, there are several parties involved. According to the car accident law firm website https://www.knightsheadlawfirm.com/, receiving compensation for a car accident is not as straightforward as many people believe it is.
It can be hard to understand who may be liable. In most cases, the driver is blamed, with other factors considered, like lack of car maintenance and road conditions. The car manufacturer can also be held liable if it failed to ensure safety of the driver. A government agency that failed to perform its road maintenance duties can also be held liable.
Working with experienced legal professionals can help you gain clarity while also seeking justice for your loss.
The Role of the At-Fault Driver
An important thing to look at after a fatal accident is the role the at-fault driver was playing. Often, driving tells us a few important things about the accident. Negligence arising from speeding, distraction, or intoxication could be the cause of this tragedy.
You may also observe that even the smaller ones carry weight in these cases. Looking into the at-fault driver’s conduct will help you interpret the case and serve the victims justice.
It is essential to gather every fact possible. By doing so, you are building a strong case. Storage of evidence sustains the memory of the loss and encourages road safety for all in your community.
Potential Liability of Insurance Companies
In a fatal car accident, people typically hold the at-fault driver most responsible, but insurance companies can also play a role in the aftermath.
They pay for the damages up to the policy limits: medical expenses, lost wages, and even claims for pain and suffering. If the insurance company fails to settle a claim that it knows to be valid or if it otherwise engages in negligent faith, it may become liable.
If you think they aren’t keeping their word, you may need to negotiate or go to court. From the perspective of potential liability, you can fortify yourself as you embark on the compensation journey following the accident, confidently handling this challenging time.
Manufacturer’s Responsibility and Product Liability
Whenever a fatal accident occurs, you commonly consider the at-fault driver and also the manufacturer’s role if a vehicle defect comes into play.
A case may be filed under product liability against the manufacturer if a defective component, such as brakes or airbags, failed under those circumstances. If the manufacturer’s negligence caused the defect, you might have a proper case against them.
The manufacturer assumes responsibility for its vehicle construction to ensure safety and quality. They will be liable if they lay waste to such provisions.
Knowing this, you can help lay out the options and get justice for a loved one while also finding community support during this tough time.
Municipalities and Road Maintenance Issues
If a fatal car accident happens, duty often goes beyond the negligent acts of a driver. There are cases where poor road conditions contribute to the accidents. In such cases, you can pursue the municipality for accountability.
Local governments have the responsibility to maintain proper signage, lighting, and the absence of potholes or other hazards on highways. Failure of such duties could become a cause for action.
You’ll need evidence, including photos of the road conditions and records of earlier complaints, to back your case up. It is important to move fast because there are statutes of limitations for filing claims against municipalities.
To bring them to justice, which you deserve for your loss, you must ensure safer roads for your community.