Although most fatal car crashes involve more than one car, the injured parties can recover damages from the at-fault driver’s insurance company or file a court action for the same. But what happens if passengers are killed in a car crash involving one car?
The loved ones of the victim of wrongful death often have many questions related to the death of their loved one for the loss of their loved one. You should hire a car accident attorney in Anchorage if your loved one is a victim of a wrongful death thanks to a car accident in Anchorage. Why? Because you deserve to be compensated for the wrongful death of your loved one.
Legal Problems You Could be Faced with
Certain parties can file wrongful death claims if their loved one dies due to an accident arising from the negligence of another party. The following parties file a wrongful death claim and successfully recover damages:
- The children of the deceased;
- Spouses(s) of the decedent;
- A surviving child if there’s no surviving spouse;
- Parents or other close family members of the deceased if everyone else perishes in the car accident.
The recoverable damages in a wrongful death claim can include:
1. funeral and burial costs;
2. medical expenses;
3. Emergency transportation, and
4. Pain and suffering;
5. Loss of Income for Dependents
6. Loss of Companionship
7. Loss of Benefits
8. Loss or Consortium
9. Loss of Training and Guidance
10. Mental Pain and Anguish
You can schedule a free legal consultation with Crowson Law for a free consultation if you have any questions related to personal injury or wrongful death claims. At Crowson Law, we understand the pain of losing a loved one, and that’s why we’ve been able to help many people recover damages for the wrongful deaths of their loved ones.
Can the At-fault Driver be Jailed if they Kill Someone in a Car Accident?
Yes and no–It depends on the facts of the case. For instance, if you cause a car accident while intoxicated and someone loses their life, you may face jail time. On the other hand, you can escape imprisonment if the car accident was unavoidable or was beyond your control, even if someone was injured or lost their life. Although most people will try to find someone to blame for the death of their loved one following a car crash, not all drivers should face criminal charges.
A driver cannot face criminal charges for unavoidable car accidents or crashes they could not avoid. Inevitable car crashes can include accidents related to bad road conditions and sudden mechanical failure. Motorists are also not liable for accidents resulting from an Act of God or natural disasters, such as thunderstorms, flash floods, tornadoes, and more. A wrongful death claim is legitimate only if a car accident is caused by reckless or careless driving.
Passenger Liability in Wrongful Death Cases
In California, surviving loved ones can pursue a wrongful death claim and recover damages. However, the plaintiff must prove the following four facts:
1. The accused party owed the deceased person a duty of care;
2. There was a breach of duty (negligence);
3. The breach is directly linked to the death of the deceased (causation); and
4. The plaintiff suffered a loss after the death of their loved one;
Sometimes filing legal action against the at-fault driver can be challenging, especially if the driver and the deceased were friends.
How to Avoid Fatal Car Accidents
We understand that not all car accidents are avoidable. However, research shows that most car crashes are avoidable. That said, you should take the following measures to reduce the risk of being involved in a car crash.
What is defensive driving? This means being alert and conscious of the environment while driving. It’s also important to review driving laws to ensure you stay on top of your game.
There are some precautions to be taken to mitigate the risks of severe injuries in the event of a car accident. The safety precautions can include:
· Drivers and their passengers should wear seat belts;
· Children under the age of 13 should be secured in baby seats;
· Obey traffic rules and driving laws;
· Keeping a reasonable distance from the vehicle in front of you;
· Passengers should sit straight, meaning their legs should be facing down and their arms inside the vehicle.;
· Maintaining a three-second distance behind other cars.
· Using appropriate indicators when making turns;
· Observe road courtesy by giving way to other motorists, particularly when they have the right of way.
The deceased driver’s insurance company should compensate you for the death of your loved one, even if the at-fault driver lost their lives in an accident. A legal professional specializing in car accidents can advise you more on this matter.