Are you Liable for a Wrongful Death Lawsuit in your Car Accident?

When a person is negligent or irresponsible in the handling and driving of their vehicle, and due to these shortcomings has an accident in which one or more deaths occur, then that person may well be facing a wrongful death lawsuit. If you should find yourself in this situation, the state you live in will have much to do with the outcome of the lawsuit, for each state has different wrongful death rules and laws. However, each state’s law does follow the same general guidelines.

The United States government has defined a wrongful death as a death that has four separate parts. To be liable for wrongful death, all of these parts must be present in the lawsuit brought against you by the survivors/beneficiaries of the deceased.

The Cause of Death

You and your actions must be the cause of death wholly or in part. For example, a person who is drinking or under the influence of drugs while driving would be wholly liable for wrongful death if he or she were to have an accident and kill one or more people. If both parties in the accident were at fault, a court of law would decide that you were only partly at fault. A good example of this takes place when the person killed in the accident neglected to wear a seat belt. This would put part of the blame on the deceased.

Culpability and Survivability

The second part has to do with culpability. Were you aware of the consequences of your careless and negligence driving? Did you realize that your actions could cause the death of someone in another vehicle? To add to the example above, most people who drink and drive are aware that their reaction times will be slower when they consume alcohol. The third part, survivability, focuses on whether or not the deceased person’s immediate family were dependent upon them.

Financial Impact

The fourth and final part is all about the financial impact that the passing of the deceased has had on the immediate family because of the wrongful death of their family member. Has the death caused any financial setback, such as when the breadwinner of a family is killed with no warning.

If the prosecution can prove all four of these points in your wrongful death lawsuit, then you will be found liable. In cases such as this, a personal injury lawyer should be consulted, as he or she can help you tremendously.