- Wrongful Death and the Car Wrecks that Cause Them
- March 14, 2012
- Law Firm: Rasansky Law Firm - Dallas Office
Wrongful Death Claims and Car Wrecks
Sometimes, people will choose to file a wrongful death claim after losing someone in a car wreck. This is an option if the driver that caused the death acted in a way that could be construed as negligent. Determining whether or not something was negligent is the purview of a jury. An attorney can represent you in filing a wrongful death claim against somebody if you believe that their negligence caused you to lose a loved one in a car accident that didn't need to happen.
When a driver is negligent, it can mean, in the broadest sense, one or both of two criteria apply. First, it may mean that the driver failed to take an action that could have saved somebody's life and that could have been expected of any normal person in that same situation. Second, it could mean that the driver took an action that endangered somebody's life that any reasonable person in the same situation could've been expected to have avoided taking. Negligence essentially means that the driver who committed the negligent action failed to live up to what could reasonably be expected of them as a licensed driver.
Depending upon the circumstances of the accident, a wrongful death claim may proceed in very different ways. If the driver that caused the death or injury was drunk at the time or under the influence of a drug other than alcohol, they may be looking at criminal charges, as well. While there may be some sense of satisfaction in the fact that a driver charged with a DWI or other, similar, crime will likely spend quite a bit of time in jail, it doesn't do anything to help the family of the person who was killed. Doing something to help the family is what a vehicle accident lawyer concerns themselves with.
If you've been injured in a car wreck or have been in a car wreck where somebody from your family was killed, contact a car accident lawyer. If the driver that caused the injury did so because they were negligent, it might be possible for you to file a lawsuit and to seek compensation in a court. Having a good Fort Worth car accident attorney increases your chances of winning such a claim, though there is no guarantee that any claim filed will win. It will have to be heard by a jury or, in some cases, a settlement may be offered.