Millions of people die annually in car accidents around the world. Some accidents are minor, but in others, victims succumb to injuries on the way to the hospital. So, what happens if someone dies in a car accident? The local police arrive immediately with paramedics to rescue or save lives.
Suppose there’s no life to save, a coroner inspects the scene, and then the bodies are moved to the morgue under his care, where family members come to identify them. It’s tough for family members of the victim killed in an accident, and emotions can overwhelm them as they struggle to accept the loss. If you’re in such a situation in Los Angeles, the Pacific Attorney Group will help you navigate the situation.
Immediate Events After One Dies in a Car Accident
The party at fault for causing an accident resulting in loss of life might face liability. Once an accident occurs and the driver lives, the victim’s family can seek legal guidance from a personal injury attorney. People respond differently to the loss of a loved one, and there’s no right way or wrong to grieve. The police investigate the circumstances of the accident, and different scenarios vary in the time it takes to conclude what went wrong.
Most accidents are a result of the driver acting recklessly behind the wheel. Sometimes, a faulty car can lead to an accident that kills people, exposing the driver to criminal charges like vehicular manslaughter. However, not all accident outcomes leave the driver under criminal liability.
The decision to charge a driver after a fatal accident of criminal capability leading to death depends on the factors below.
- The driver was under the influence of alcohol or drugs, which caused their impairment, leading to an accident that killed others.
- Reckless driving or ignoring traffic lights then end up causing harm to others. The driver can’t escape criminal prosecution if a car accident results from an egregious violation of traffic rules.
- If factors out of the driver’s control led to the accident, he’s less likely to face criminal charges. Some factors out of a driver’s control include poor road conditions, an act of God, and unpredictable mechanical hiccups.
Legal Problems the At-Fault Driver Could Face
After a car accident that claims life, the victim’s family is entitled to file for wrongful death compensation. The at-fault driver is then expected to compensate them for the death of their loved one.
As per the law, the following parties can file a lawsuit.
- Children and spouse of the victim
- The remaining child of the parents died in the accident.
- A victim’s parents or family if everyone perished in the car accident.
Redress to the Victim’s Family
After filing for redress, the victim’s family can receive reimbursement, including medical expenses, funeral and burial costs, pain and suffering, and emergency transportation. If the people seeking redress have no legal background or understanding, seek free guidance from the Pacific Attorney Group.
A victim’s family seeking redress might be the last thing they want to do. However, filing for a lawsuit might be worthwhile as the settlement will help them concentrate on their sorrow and path to recovery.
Grief has no formula, and people react differently to the new normal of losing a loved one. But sticking to a schedule and being open to asking for help, including legal support from a personal injury attorney, will help the family cope.
Do Insurance Companies Compensate for Wrongful Death in Car Accidents?
Dealing with insurance companies isn’t easy, especially in the wrongful death of a loved one. For this reason, the family must seek legal help from an experienced attorney to get assistance. Most victim families struggle to pay medical bills, investigation fees, maintenance, and funeral and burial costs.
Unknown to them, filing a lawsuit against the driver at fault with insurance for wrongful death can bring forth financial support. The settlement for wrongful death liability will include injury and damages. If the driver were at fault, they’d be obligated to come up with a portion of the settlement to cover some bills like medical, lost income, financial losses, and funeral expenses.
As part of the settlement, non-economic damages, like emotional torture, and a lower quality of life after the breadwinner’s death, are also recognized. The insurance company would compensate the family if the driver acted carelessly or recklessly, leading to wrongful death.
Moreover, even if no one is arrested after a fatal accident, the victim’s family can still pursue monetary compensation even if there was no arrest by the police.
If the person driving the car in the accident isn’t the owner, the real owner must share the liability. Police reports concerning the accident play a significant role in determining who is at fault in an accident. Still, other factors can also come in handy in court, which is why the victim’s family should retain a personal injury attorney for assistance.