When a Motor Vehicle Accident Leads to a Wrongful Death Case
We all know deliberately violent or negligent behavior is the most common causes of a wrongful death but most people do not normally think about this when it comes to losing a loved one in a motor vehicle accident. Perhaps this is because the word accident almost automatically implies a sort of no-fault context, save for the most obvious cases such as an accident caused by an impaired motorist. In any event, some form of negligence is almost always involved in every type of car accident, and ones that result in death should be looked at with an emphasis on who or what is at fault.
People do not generally consider how dangerous driving actually is, likely because it’s typically a mundane activity. Nevertheless, statistically, driving a car, truck, or motorcycle is far more dangerous than traveling by plane, boat, or train. Distracted driving is among the leading reasons why motor vehicle accidents lead to death more frequently than other modes of transportation, but of course, there are other reasons as well.
Main Causes of Most Car Accidents
- Distracted Driving
- Impaired Driving
- Speeding and Reckless Driving
- Driver Fatigue
- Weather Conditions
- Inexperienced or Elderly Motorists
- Faulty Mechanics
- Street Defects
Although there are other factors and circumstances that can cause car accidents, the aforementioned are the leading causes of fatal crashes. When someone passes away because of another drivers’ negligent behavior behind the wheel, that person must be held accountable for their actions. Sudden deaths almost always leave not only pain and suffering in their wake but also a host of financial concerns for all of the surviving loved ones who may be affected by things such as the victims’ lost wages.
Filing for a Wrongful Death
If you have been affected by the sudden loss of a loved one because of a motor vehicle accident that was the fault of the other driver, then you may be involved in a case of wrongful death.
Though wrongful death statutes in Delaware have their own state-specific regulations like every other state, there are many cut and dry stipulations as well. Before filing a case for wrongful death, it is vital that you know you meet all the requirements. The first requirement is that the deceased is considered a family member such as a child, parent, or sibling. While this is the first step, there is a multitude of other factors that will determine the ability to file your claim and the ultimate determination of it. The one and the only way to be absolutely sure that you are able to receive the most compensation possible is by contacting a highly experienced wrongful death attorney first.
At Edelstein, Martin & Nelson, we have the most experienced and qualified attorneys who are here to assist you every step of the way. While a wrongful death case can sometimes feel like it should be open and shut, they very rarely are. Every case is unique, and each one is fraught with tedious complications and stringent guidelines. If you have been affected by the death of a loved one, which was caused by the negligent behavior of someone else, call (302) 295-5050 to schedule a free consultation today.