What Happens When Someone Dies in a Car Accident?

Written by Jeremy D. Earle, JD

March 20, 2022

Top Rated Colorado Springs Car Accident ATtorneys

WRONGFUL DEATH CAR ACCIDENT CLAIMS IN COLORADO

Last year, over 33,000 people died in car accidents throughout the United States. Over 35,000 people were killed in these fatal crashes, with over 3,000 occurring in Colorado alone.     Each of these tens of thousands of people had a small circle of close relatives. In many circumstances, these folks might have been the decedents’ blood relations or a network of close friends.

When individuals left behind attempt to pick up the pieces of their life following a sad loss, they typically find the process difficult and relentless. Many of our customers are unaware of how much someone’s death may affect their lives beyond obvious grief. If you’ve lost a loved one in a tragic car accident, you may be unable to afford the following expenditures:

Medical bills Funeral costs

Additional expenses not previously paid by the deceased Property damage from the accident

Hiring a wrongful death or personal injury attorney is the only guaranteed way to reimburse these expenses. In court, a qualified legal practitioner can assist you in making the greatest choices for your future. We are well aware that many of our customers have lost their closest pals. Our staff strives to provide personalized service to each of our clients, assisting them in receiving the compensation they need to move on.

THE MOST COMMON CAUSES OF FATAL CAR ACCIDENTS

There are several circumstances on the road that has the potential to result in deadly car accidents. Other drivers driving motor cars at any given time might act irresponsibly or carelessly at any time. Several additional components of a journey, whether it’s a daily commute or an annual road trip to visit family, may impact the safety of car passengers.

A small number of deadly car accidents are almost unavoidable. Because car accidents in these situations aren’t deemed wrongful deaths, the procedure of seeking any kind of compensation is quite different. Car accidents that result in wrongful death must directly involve the carelessness or recklessness of others.

DRIVING WHILE DISTRACTED

 

Distracted driving is a dangerous and irresponsible practice. According to the National Highway Traffic Safety Administration, more than 3,000 Americans die each year due to other drivers’ careless or distracted driving.

Many of us are unclear whether driving while distracted is acceptable. You could have heard one example or explanation from a news anchor from your favorite television station one day and then read about a different kind of distracted driving the next. This is because the problem involves a wide range of undesirable behaviors.

THE FOLLOWING ARE SOME OF THE MOST PREVALENT INSTANCES OF DISTRACTED DRIVING:

Visual distractions: Any distraction that requires a motorist to take his or her eyes off the road is referred to as a visual distraction. This might include reading or replying to text messages, turning to help a youngster in the back seat, or simply glancing down to change the radio station for a few seconds. Unfortunately, even actions that we consider useful, such as checking a navigational gadget, may be classified as distracted driving and deadly.

MANUAL DISTRACTIONS

Any distraction that causes a motorist to take his or her hands off the steering wheel is referred to be a manual distraction. Eating while driving is one of the most prevalent instances of this kind of behavior. Manual distractions include attempting to retrieve anything from a bag or purse in the car, adjusting your GPS, or swiping through a smartphone.

COGNITIVE DISTRACTIONS

Cognitive distractions divert drivers’ attention away from the task at hand: driving. Because others may not identify cognitive distractions, they might pose a specific danger. This reduces your chances of either noticing and avoiding the driver or demanding that the driver stop behaving badly if he or she is in your car.

DRIVING UNDER THE INFLUENCE OR DRIVING WHILE INTOXICATED

Getting behind the wheel after consuming alcohol, drugs, or other comparable substances is one of the riskiest driving activities. Every day, over 30 Americans are killed by drunk drivers. If that isn’t proof enough of how common and hazardous intoxicated driving is, consider the following:

In 2017, an alcohol-impaired motorist was responsible for 17 percent of road fatalities among youngsters aged 0 to 14.

Drugs other than alcohol are involved in roughly 15% of all car accidents.

ROAD RAGE AND AGGRESSIVE DRIVING

 

Despite a slew of state and federal rules requiring drivers to conduct responsibly on the road, many motorists continue to drive aggressively or engage in road rage daily. In fact, according to data compiled by ABC News, Colorado has the highest number of yearly road rage accidents in the country.

This erratic and risky driving conduct may and does result in the death of persons close to enraged motorists. Drivers who suffer road rage or engage in aggressive driving often exhibit some of the same behaviors. The following are some of the warning signals that a motorist might be a danger on the road:

Cutting off other cars, particularly if the motorist slows down significantly after passing

Excessive weaving through traffic • Blocking other drivers who are trying to negotiate the road

Throwing things inside or outside the car Cursing

Obscene gestures

NEGLIGENCE AND MISCONDUCT ON THE PART OF CAREER DRIVERS OR THEIR EMPLOYERS

Not to mention the hundreds of business cars that use our roads. Some of them are enormous and could inflict a lot of damage if involved in an accident. Semi-trucks and other such cars, for instance, may easily crush a typical passenger car. A person in charge of such a car might potentially murder adjacent motorists if he or she makes even the tiniest error.

Other times, wrongful death car accidents are caused by the businesses that employ these cars and hire these drivers. Trucking businesses are held accountable for their drivers’ training, car maintenance, and ensuring that their workforces are never overworked.

According to strict hours-worked legislation, commercial truck drivers are required to take a break after a certain amount of time behind the wheel.

If a truck driver exceeds federally mandated time limitations on the road, or if a big business car malfunctions and causes death or Injury, the trucking company will certainly be held accountable.

IS IT NECESSARY FOR ME TO SPEAK WITH INSURANCE ADJUSTERS?

No, in a nutshell. There’s no reason to be concerned if you’ve already spoken with an insurance adjuster but haven’t disclosed any specifics about your accident or agreed to any settlements. It’s considerably better to avoid interacting with such parties until you’ve teamed up with a reputable lawyer.

 

The unfortunate reality is that the main priority of insurance adjusters is not you. Their employment is assisting their employers in getting claims dismissed and minimizing compensation wherever feasible. Before dealing with people actively seeking to destroy your efforts, it’s always advisable to talk with someone who has your best interests at heart.

Representatives from any firm that may have been implicated in the deadly collision are included in this notion. If your loved one died in a ridesharing accident, for example, do not communicate with Uber or Lyft staff when they call to discuss the tragedy. In cases of death caused by truckers or other heavy cars, the same is true for trucking businesses.

WHAT KINDS OF LOSSES AM I ENTITLED TO RECOVER?

If a loved one was killed in a car accident, you have the right to feel safe and secure if your case goes to trial. A knowledgeable and experienced personal injury or wrongful death attorney should assist you in recovering damages. The legal system requires suitable compensation for each case. However, the following are some of the most often requested and paid damages:

MEDICAL EXPENSES

This includes expenses that you may not think qualify at first. Basic medical expenses, such as doctor’s appointments or operation expenditures, may be reimbursed. Other medical expenditures, such as those linked with medicine or physical therapy may also be covered by your attorney.

LOSS OF COMPANIONSHIP

When someone we care about is killed in a car accident, it’s common knowledge that no amount of money will make the sorrow go away. The loss of company that comes with the death of someone you care about is one of the most painful aspects of the experience. You should seek compensation if you have suffered emotional, bodily, or mental injury due to your loved one’s lack of care and companionship.

FUNERAL AND BURIAL COSTS

Sadly, having a funeral is not inexpensive. A typical funeral and burial nowadays will cost approximately $10,000, with some requiring much more money. After the unexpected death of a loved one, the last thing you or your family deserves is to worry about how to pay for these bills. This is one of the reasons why victims of personal injury and wrongful death may seek funeral expenses in court.

FINANCIAL RESOURCES ARE DEPLETED

It’s all too simple to argue that someone’s absence is more hurtful than their financial contribution. The awful reality is that losing a significant other or family member may put many of us in serious financial problems. Those whose loved ones have died due to an car accident may and should seek compensation to compensate for the financial loss.

 

The losses mentioned above come up regularly intense talks as our customers struggle to figure out what to do first. Everyone has heard someone talk about how difficult it is to keep up with medical expenditures, and you’ve seen someone close to you get anxious about paying for funeral and burial fees as well.

USEFUL EVIDENCE EXAMPLES

Frequently, the family and friends of people killed in car accidents question what actions they might take to assist in the investigation of their cases. One of the most practical options is to assist an attorney in gathering evidence in the case.

To settle or fight your lawsuit, your lawyer will require a variety of proof. Evidence may be used to substantiate your relationship with a loved one to receive compensation for damages or to demonstrate that your loved one’s death was caused by someone else. The rules governing wrongful death also require the deceased’s loved ones to show that they were personally touched by the accident and death.

The following are some examples of proof that might be used to show your link to the deceased:

Photographs

Messages sent through text

video, or audio

Letters,

calendar entries,

and other documents

Valuable possessions

You’ll have to show that the connection you claim with your loved one is completely factual and truthful. This significantly speeds up the legal procedure and enables you and your attorney to concentrate on more important concerns.

You may have or have access to the following types of evidence to assist show the nature of your loved one’s accident:

Photographic or video evidence of the collision or its aftermath

Photographic or video proof of another driver’s obvious carelessness or recklessness

AN ATTORNEY FOR WRONGFUL DEATH IN A CAR ACCIDENT CAN ASSIST

The legal system is complicated and time-consuming. The death of a loved one simply adds to the complexity of this time-consuming and hard process. Wrongful death car accident lawyers who are sympathetic and caring understand your situation and help you get just compensation.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

Free Consultation

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