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Could You Have a Wrongful Death Case After a Fatal Car Crash?

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Car crashes of all sorts can lead to wrongful death lawsuits

For the first time since 2007, more than 40,000 people lost their lives in car accidents in the United States during 2016. The National Safety Council estimates that traffic fatalities were up 6% from 2015 and that approximately 40,200 people died in crashes.

Fatal car crashes happen all too frequently. According to the latest statistics:

  • Illinois traffic fatalities were in line with the national average. There was an estimated 6% increase in traffic deaths during 2016 with 1,078 people losing their lives.
  • Wisconsin traffic fatalities were also in line with the national average. There was an estimated 6% increase in traffic deaths during 2016 with 592 people losing their lives.
  • Iowa traffic fatalities exceeded the national average. There was an estimated 26% increase in traffic deaths during 2016 with 403 people losing their lives.

While not all of these accidents will lead to wrongful death lawsuits, it is important to know if the death of your loved one could result in wrongful death case. You can file a wrongful death case if your loved one was killed because of someone else’s negligent or intentional actions.

Was the Other Driver Negligent?

If you allege that the other driver was negligent, then you will need to prove…

  • The driver owed your loved one a duty of care. All motorists owe the people with whom they share the road a duty of care.
  • The driver breached the duty of care. If the driver failed to act like a reasonable driver would act in similar circumstances, then the driver may have breached the duty of care.
  • The driver’s breach of the duty of care caused your loved one’s death. If your loved one’s death would not have occurred but for the driver’s breach of the duty of care, then the driver caused your loved one’s death.
  • You have the right to recover damages. State law will determine if you have the right to recover damages in this type of case.

Some examples of negligent driving that may result in a fatal crash and a wrongful death claim include:

These, and other forms of negligence, can result in car crashes, bicycle wrecks, pedestrian collisions, and truck accidents.

If your loved one has died in any type of accident, then it is important to speak with an experienced wrongful death lawyer as soon as possible about recovering damages and protecting your rights. Let us help you during this difficult time. Contact us today via this website or by phone to schedule a free, no-obligation consultation at your convenience.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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