If you have lost a loved one in a car accident, you may wonder whether you can file a wrongful death lawsuit. The answer is, yes, you can. Wrongful death describes any death which is due in whole or in part to the negligence or deliberate misconduct of another person. Although we often talk about car "accidents" the truth is that many wrecks are caused by one person or another, often driving in inappropriate ways that cause or worsen a crash.
Common Causes for Wrongful Death in Car Accidents
If the car accident that claimed your loved one's life involved any of the following, it might be a cause for a wrongful death lawsuit:
• A drunk driver
• Other driver speeding
• Other driver following too close
• Other driver performed illegal maneuver
• Defective road conditions
• Defective car safety equipment
Some of these may seem minor, but when another driver is speeding, not only is that driver violating the law, they are increasing the danger their vehicle poses to others on the road. A large SUV may weigh 6000 pounds. An SUV traveling at 55mph is carrying 607,000 foot-pound-force of kinetic energy, but at 65 mph that energy jumps to 848,000 foot-pounds-force, almost half again as much.
Who Can File Wrongful Death Lawsuits in Car Accidents?
Wrongful death lawsuits can be filed by anyone who was hurt by the accident. Although the person killed cannot file a lawsuit on his or her behalf, a lawsuit can be filed on behalf of the estate, not only for medical bills and expenses, but if the death included significant suffering, pain and suffering damages may also be sought.
In addition, the surviving spouse and children may file for economic and noneconomic damages in terms of lost wages due to the person's death and the loss of companionship.
Who Can Be Sued in Wrongful Death Lawsuits after Car Accidents?
A wrongful death action can be pursued against anyone who caused or contributed to your loved one's death in the car accident. This may include other drivers involved in the accident, people, companies, or municipalities responsible for maintaining the road, and car manufacturers who were responsible for ensuring the safety of the vehicle.
State law determines when a person is considered responsible for your loved one's death, depending on whether the state follows comparative or contributory negligence models. In a contributory negligence state like Maryland, you cannot recover damages if the court decides your loved one contributed at all to the accident. On the other hand, in states that follow comparative negligence rules, like Tennessee, you can recover damages as long as your loved one's fault does not reach a certain level. In Tennessee, this is 50% (i.e., your loved one is found to be 49% or less responsible for the argument), but other states have different rules.
In addition, state law determines how each defendant pays for his or her share of the damages, using either joint or several liability laws.
