Skip to Navigation

Car Accidents

Wrongful Death Lawsuits

The National Highway Traffic Safety Administration (NHTSA) was established to help reduce deaths, injuries and economic losses from motor vehicle crashes. But despite a 4 percent decrease in fatalities between 2006 and 2007, NHTSA statistics indicate that car accidents remain the leading cause of death in the United States. In 2007, 41,059 lives were lost in more than 6 million auto accidents. Driver error, defective automobiles and automobile parts, and defective roadways are usually to blame.

If one of your family members was killed in a car accident, you may be able to recover damages in a settlement or civil action brought against the person or entity whose negligent or wrongful act caused your family member's death. No amount of money can undo the terrible loss you have suffered, but a personal injury attorney can help recover financial damages and possibly some sense of peace and justice for you and your family. If you have unexpectedly lost a loved one in a car accident, contact a wrongful death lawyer to learn more.

Punitive Damages

Many lawsuits against automobile manufacturers claim that the manufacturer was aware of but chose not to fix or recall the product because they anticipated the cost to fix the defect would exceed the cost of any product liability from personal injury and wrongful death litigation.

Courts often award additional compensation known as "punitive damages" for such malicious or willful wrongdoing on the part of automobile or automobile part manufacturers. Punitive damages are meant both to deter the liable party from repeating this type of behavior and to prevent others from doing the same. Contact a wrongful death attorney to learn more about the availability of punitive damages in your state.

Wrongful Death Compensation

Wrongful death lawsuits are designed to compensate one or more of the surviving family members of someone who died (the "decedent") for the present and future economic loss and emotional distress that was caused due to the death of their loved one. Financial consultants use tables, guidelines, and available statistics to estimate how much money the decedent would have earned over their lifetime. Consideration is given to the age, health and life expectancy of the deceased and heirs, the total financial loss (e.g., income, inheritances and benefits), insurance coverage, and whether or not surviving family members were dependent upon the deceased for income for support. Additional compensation is usually awarded for non-economic damages such as loss of companionship, love and affection. Some state statutes even allow further compensation for malicious or willful wrongdoing — this is known as "punitive damages" (see sidebar).

Wrongful death claims often have short statutes of limitations, so it is important that you act quickly. Contact a wrongful death lawyer familiar with the laws in your state to ensure your rights are protected.

Car Accident Liability

Driver Error. Ninety-five percent of fatal car crashes are caused by driver error.* A driver whose negligent, reckless or intentional conduct causes a fatal car accident can be held liable for wrongful death.

SUV Rollovers

Rollovers are a dangerous and deadly type of accident — killing 10,194 people in 2007. Rollovers can be caused wholly or in part by tire failures, tire tread defects, poor stability design, poorly designed suspension systems and inadequate brakes.

SUVs in particular have a higher center of gravity, so their tendency to roll is even greater. In 2007, SUVs had the highest rollover involvement rate of any vehicle type in fatal crashes — 34 percent, as compared with 28 percent for pickups, 17 percent for vans, and 17 percent for passenger cars.

The automobile industry is aware of the grim statistics, but changes to improve vehicle safety have been slow. If you have lost a loved one in an SUV rollover, a wrongful death attorney can evaluate whether a negligent manufacturer is to blame.

Source: National Highway Traffic Safety Administration

In 2007, speeding was a contributing factor in 31 percent of all fatal crashes. DUI or alcohol impairment was a contributing factor in 32 percent of these crashes. Drivers who are accused of drunk driving will often retain a DUI attorney to represent them. Other instances of driver error include failing to account for traffic; weather or road conditions; failing to obey traffic signs or signals; improper passing (e.g., passing in the emergency vehicle lane); falling asleep at the wheel; and eating, texting, applying makeup or similar behaviors that distract a driver's attention from the road. All of these actions imply some level of negligence, which in many cases can support a wrongful death claim and possibly lead to compensation.

Defective Automobile or Automobile Part. The NHTSA issues vehicle safety standards and requires manufacturers to recall vehicles that have safety-related defects or do not meet federal safety standards. If an automobile or automobile part has a defect in its design, manufacturing or marketing, the manufacturer and/or seller may be liable for a resulting fatality. In many cases, the defect is the cause of the accident or the cause of the death itself.

Examples of defective automobile product claims include:

  • Defective Airbags - Either the defective air bag fails to deploy during an accident or deploys under a condition for which it is not intended and then causes the accident.
  • Defective Tires - Defective tire design or manufacturing can cause tread separation. Tread separation is dangerous, possibly causing a tire blowout, loss of control of the vehicle and/or a vehicle rollover.
  • Roof Crush - Cars should have basic roof crush protections like roll bars and roof supports. Otherwise, preventable injury or death can result. According to the NHTSA, roof crush injuries sustained during rollovers cause an average of 600 deaths per year in restrained passengers and many more in unrestrained passengers.
  • Seatback Failure - During an accident (usually a rear-end collision) the mechanism holding up the backseat fails.
  • Defective Door Latches - A defective door latch can cause a passenger to be thrown from a vehicle during an accident.
  • Defective Seatbelts - In an accident involving a defective seatbelt, victims can be injured much more seriously than they would have been otherwise. In some cases, defective seat belts are the sole cause of a victim's injuries.

Defective Roadway. Poorly designed and maintained roads, faulty traffic signals, construction and other highway defects also cause fatal accidents. If you have lost a family member due to poor roadway conditions, you may wish to speak to a car accident attorney to learn more about the special rules that apply to lawsuits against government entities.

Contact A Wrongful Death Attorney

To determine the party or parties responsible for a wrongful death, your legal team should have in-depth knowledge of traffic laws and motor vehicle regulations, medical issues and liability determinations. A car accident attorney may use accident reconstruction experts to help prove the case. If you have lost a loved one in a car accident, contact a personal injury lawyer with knowledge of motor vehicle accident liability today to learn more about what it takes to reach a settlement or file a lawsuit seeking compensation for your suffering.

* National Highway Traffic Safety Administration

[Last revision: June 18, 2010]



Did You Know?

A recent study by Carnegie-Mellon University found that male drivers aged 16-23 are four times more likely to be involved in a fatal vehicle accident than the average driver.


FACT:

51 percent of all fatal crashes happen on the weekends.

Source: National Highway Traffic Safety Administration