How can I tell if my Loved One’s Death in a Car Accident was due to Negligence?

Wednesday, May 15, 2019

How can I tell if my Loved One’s Death in a Car Accident was due to Negligence? 

When you lose a loved one due to a motor vehicle collision, it is shocking and emotionally devastating. In some cases, the death will be the result of a tragic and unavoidable accident. However, in other instances, your loved one may have lost their life because of another driver's negligence.


Negligence for an accident can be shown when:

· The person who injured the other party had a duty not to injure them;

· The person did not uphold their duty;

· The person’s duty was related to the injury or death; and

· The person’s failure to meet their duty is what resulted in the other person’s injury or death.

Examples of negligent driving may include driving will impaired, distracted driving, or reckless driving. For instance, all drivers have a duty to drive in a reasonably safe manner. If the driver involved in your loved one's accident was inebriated and then crashed into your loved one, the intoxicated driver breached their duty to drive safely and was negligent when they caused your loved one's death.

Wrongful Death

When a loved one’s death is due to the negligence of another individual, the deceased person’s family can bring a wrongful death claim. A wrongful death lawsuit can provide closure and hold the responsible party liable for your loved one's death. In a wrongful death suit, you can recover damages such as medical bills from the injury, loss of future earnings, loss of support, funeral expenses, pain and suffering, and loss of companionship.

Contact an Attorney

Wrongful death is a complicated area of law, and it is important to have an experienced wrongful death attorney advocating for your family in this type of case. There is also a short statute of limitations so if you believe your loved one was killed because of another driver’s negligence, it is critical that you contact an experienced wrongful death attorney as soon as possible.

At the Draper Firm, we have over 30 years of experience successfully representing clients in personal injury matters. We understand what you are going through and have the knowledge and expertise you need. Please contact us to schedule a free consultation. We invite you to learn more about our firm here. Contact us today to schedule a free consultation.

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I was referred to Draper Law by my father in-law after being hit from behind in an auto accident. I didn't realize, at the time, what an important decision I was making by hiring a personal injury attorney to represent me. Charles Draper took the time to explain the process and what I could expect. His professional team was there for me every step of the way through a long, and often complicated, legal experience. I just want to express my sincerest gratitude for all the efforts that were taken by Charlie and his team on my behalf in obtaining a settlement on my case.