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What Makes a Car Accident Death Wrongful and Not Just Tragic?

You are grieving the painful loss of a loved one who died too soon. Regardless of what caused the accident, the accident was tragic. It resulted in the death of your loved one from unnatural causes, and it left you mourning and facing a future without your loved one.

Was Your Loved One’s Tragic Death Also Wrongful?

Generally, your loved one’s death may be considered a wrongful death if:

  • The other driver owed your loved one a duty of care. Generally, all drivers on the road owe a duty of care to all other drivers and passengers.
  • The other driver breached the duty of care by failing to act like a reasonable driver should act in similar circumstances. For example, a driver may breach the duty of care if he was traveling over the speed limit, if he was distracted, if he was drunk, or if he was drowsy.
  • Your loved one died as a result of the driver’s actions or inactions. In other words, your loved one would not have died but for the other driver’s breach of the duty of care.

If these elements are met then the death may have been not just tragic, but also wrongful.

Why It Is Important to Know If Your Loved One’s Death Was Wrongful

If your loved one’s death may be considered a wrongful death, then the representative of your loved one’s estate may be able to file a wrongful death lawsuit and recover damages on behalf of the estate. However, this is only true for wrongful deaths and not for every tragic death.

For more information about whether your family might have a claim, please watch our free videos and please fill out our online contact form today to schedule a free consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham
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