Top Fatal Accident Lawyers

By engaging the expertise of an injury lawyer from Law.com Lawyerpages, you could potentially receive up to ten times the original insurance offer. These first-rate car accident lawyers are committed to assisting victims' families in obtaining justice and financial compensation for car accident claims. Through a consultation, they will assess the factors leading to your loved one’s tragic passing, reviewing police reports and any witness statements, and guide you on your potential courses of action. 

Most wrongful death cases arising from fatal car accidents are undertaken on a contingency fee basis, meaning you only pay attorney’s fees if you obtain a recovery in your claim or lawsuit. Our goal is to secure the maximum financial compensation for you and your family in your fatal auto accident case.

Fatal Car Accident Statistics

Encouragingly, the rate of traffic-related deaths has been declining over recent years. The National Highway Traffic Safety Administration reported a 2% decrease between 2018 and 2019. On a national level, fatalities among passenger vehicle occupants fell by 2.8%, pedestrian deaths declined by 2.7%, cyclist fatalities went down by 2.9%, and drunk driving deaths decreased by 5.3%. However, traffic fatalities remain a leading cause of accidental death in the United States.

In a fatal car accident, the family members of the person who died may be eligible to receive compensation. This is known as a wrongful death claim. The specific family members who are eligible to receive compensation will depend on the laws of the state where the accident occurred, but typically this includes the deceased person's spouse, children, and/or parents. If a victim dies without any of these relations, a person set to inherit the victim’s property, like parents or siblings, may be able to file a claim.

Sometimes, the law allows certain individuals who can demonstrate financial dependence on the victim to bring a wrongful death claim. For example, a "putative spouse" who lived with the deceased under the mistaken belief of a legal marriage might be able to file a claim. In some states, the putative spouse's children, the deceased's stepchildren, or a legal guardian may also pursue legal action if they were financially dependent on the victim.

In addition to the family members of the person who died, anyone else who was injured in the accident may also be eligible to receive compensation for their injuries. This could include passengers in the vehicle, pedestrians, or other drivers who were involved in the accident.

In order to receive compensation, the family members or injured parties will need to prove that the other party was at fault for the accident and that their loved one's death or injuries were a result of the accident. This will typically involve providing evidence such as witness statements and accident reports. A lawyer can help with this process.

You should never delay in contacting an attorney because a lawyer will need to begin an investigation into the accident immediately to ensure the collection of essential evidence before it is lost or destroyed. This evidence will be important to demonstrate that the other driver was at fault for the accident and caused the death of your loved one. The lawyer will also need to begin discussions with the other driver’s insurance company to negotiate a possible settlement.

What is the Police Investigation Process in a Fatal Car Accident?

When a fatal car accident occurs, the police will conduct an investigation to determine what happened and who, if anyone, is at fault. The exact process for a police investigation will vary depending on the specifics of the accident, but generally, the following steps are involved:

1. Responding to the scene: The first step in the investigation process is for the police to respond to the scene of the accident. They will assess the situation and take control of the scene to ensure the safety of those involved and prevent any further accidents from occurring.
2. Gathering evidence: The next step is for the police to gather as much evidence as possible from the scene of the accident. This may include things like skid marks, vehicle debris, and witness statements. The police will also take photographs of the scene and the vehicles involved to document the accident.
3. Interviewing witnesses: The police will also interview any witnesses who were present at the time of the accident. This can help the police get a better understanding of what happened and who may be at fault.
4. Examining the vehicles: The police will also examine the vehicles involved in the accident to look for any mechanical defects or other issues that may have contributed to the accident.
5. Determining fault: Based on all of the evidence collected, the police will determine who, if anyone, is at fault for the accident.

The length of time it takes for a police investigation into a fatal car accident can vary, but generally, it can take several weeks and even months to complete. The exact amount of time will depend on the complexity of the accident and the availability of evidence and witnesses.

In general, any behavior or condition that impairs a person's ability to operate a vehicle safely can increase the risk of a fatal car accident, but some of the most common causes of fatal accidents include:

• Drunk driving: Driving while under the influence of alcohol or drugs is a leading cause of fatal car accidents. Alcohol impairs a person's ability to operate a vehicle safely, increasing the likelihood of an accident.
• Speeding: Exceeding the posted speed limit or driving too fast for road conditions is a common cause of fatal car accidents. Driving at high speeds reduces a driver's ability to control the vehicle and increases the risk of an accident.
• Distracted driving: Distracted driving, such as texting while driving or using a cell phone, is a major cause of fatal car accidents. Taking your eyes off the road, even for a moment, can have catastrophic consequences.
• Poor road conditions: Poor road conditions, such as potholes or debris in the road, can also lead to fatal car accidents. It is important for roadways to be maintained in order to reduce the risk of accidents.
• Fatigue: Driving while tired can be just as dangerous as driving while drunk. Fatigued drivers may have difficulty staying alert and focused on the road, increasing the likelihood of an accident.

Drivers engaging in the above hazardous behaviors increase the risk of severe accidents. While weather conditions and vehicle malfunctions can also cause traffic accidents, statistics show that driver error is the leading cause of collisions. Most of these tragedies are entirely avoidable. It is important for everyone to drive responsibly and avoid engaging in behaviors that could put themselves or others at risk.

What is a Fatal Car Accident Wrongful Death Claim?

If a negligent driver causes a fatal car accident, the law may provide a means to hold that person accountable. A wrongful death claim aims to secure financial compensation from the defendant. At times, a wrongful death lawsuit might be filed against someone who's also facing criminal charges. However, it's essential to understand that civil and criminal cases are separate and have different standards for establishing fault. A civil wrongful death claim requires you to convince the court that it's more likely than not that the other driver's negligence caused the death. This means that even if the driver isn't convicted in the criminal case, you may still win your civil case and receive compensation for your loss.

If the other driver does not have insurance, you might have to file a claim with your own insurance company under your uninsured motorist coverage, if you have such coverage. In many states, insurance companies are required to offer uninsured motorist coverage as part of their standard policy, but drivers can decline this coverage if they choose. You should check your insurance policy to see if you have this coverage.

Can I Recover Compensation if the Accident Was My Loved One’s Fault?

Even if your loved one was partly to blame for the accident, in some states, you might still be able to recover some damages. This is because of the legal concept of comparative negligence. If the court determines that your loved one was 25% at fault for the accident, and the other driver was 75% at fault, you would be able to recover 75% of the total damages awarded in the case.
 

The time it takes to resolve a claim can vary significantly from case to case. Some factors that can affect the length of your case include the complexity of the case, the number of parties involved, and whether the case goes to trial or is resolved through a settlement. Generally, cases that go to trial will take longer to resolve than cases that are settled out of court. Your attorney can provide you with an estimate of how long your case might take based on the specifics of your situation.