What Happens When Someone Dies Due to a Car Accident?
According to the Centers for Disease Control and Safety, car accidents account for over 100 deaths every day in the United States. This staggering number causes immense grief and suffering for families who lose their loved ones in tragic auto accidents.
If a person does die in a car accident, those involved or related to the victim often face numerous questions and uncertainties. The aftermath involves several steps, including understanding the details of the accident and considering legal actions against the at-fault party. Let’s discuss what happens when someone dies in a car accident.
Immediate Actions After a Fatal Accident
A fatal car accident is traumatic for everyone involved, whether you are the driver who caused the collision, another occupant in the vehicle with the victim, a passerby, or a family member of the deceased. Several things happen in the immediate aftermath of a car accident if someone dies.
Emergency Response and Scene Investigation
Emergency responders will arrive at the scene. Police will cordon off the area for the safety of everyone involved and other motorists on the road. They will begin documenting the accident scene and investigating the cause.
A police officer will speak to all parties involved as they conduct their investigation. This initial investigation will help determine the cause of the accident, which could be anything from a mechanical failure in the vehicle to a violation of traffic laws by the at-fault driver.
Medical professionals will also respond to the scene to handle any injuries. If the accident resulted in a person’s death, there will be a medical examiner on the scene and eventually a coroner.
Notification of Next of Kin
If a car accident kills someone and their next of kin is not present, authorities will then notify the closest family member of their loved one’s death. Delivering this tragic news is never easy, but they will often provide information about support resources for grieving families, which can help with the process.
Removal of the Deceased
The body of the victim will need to be removed from the scene of the car accident. Typically, they will be moved to either a medical facility or a morgue. In some cases, arrangements for a body autopsy will be required to determine the exact cause of death.
Legal and Financial Considerations
The impact of a loved one’s death is not purely emotional. There are also legal and financial implications that can result from a fatal accident. If you are a surviving family member of the victim, you may have the right to file a personal injury lawsuit against the responsible party. This is usually done to pursue compensation for legal damages caused by the wrongful death.
Wrongful Death Lawsuit
Close family members can file wrongful death claims if someone else’s negligence caused the car accident. A wrongful death lawsuit is usually restricted to the surviving spouse, children, or parents of the deceased individual.
Several potentially liable parties could be at fault in fatal car accidents. A negligent driver may be at fault if they were reckless or driving under the influence. Vehicle manufacturers could be responsible for creating faulty parts or poorly installing specific systems that cause the car crash. A local government agency could also be a liable party for failing to maintain safe road conditions.
A claimant in a wrongful death lawsuit can seek compensation for numerous damages. Lost income, medical bills, loss of financial support, loss of companionship, funeral expenses, and burial costs could all be included in your wrongful death claim. A wrongful death lawyer can pursue legal action to improve your chances of negotiating a fair settlement with the insurance company and holding the at-fault driver accountable.
Survival Actions
If the victim of the car accident suffered before they passed away, surviving family members could pursue a survival action. This claim seeks damages for the pain and suffering the victim experienced due to the accident before their death. Often, survival actions are a continuation of a personal injury claim that the victim was pursuing before they passed away.
Insurance in Wrongful Death Claim
The insurance company of the at-fault party is usually responsible for paying damages to claimants, whether it is an insurance claim, a wrongful death claim, or a survival action. Fulfilling your wrongful death lawsuit with the appropriate car insurance company is essential to recover compensation.
In cases where the at-fault driver is uninsured or underinsured, and their insurance policy does not cover all damages, the claimant can file a lawsuit against them. The insurance company of the negligent party will use various tactics to undermine your legal action, so building a solid case with substantial physical evidence is essential to winning compensation.
Probate and Estate Administration
When someone passes away, the deceased’s estate must be resolved. This will mean a legal process to handle their assets and debts, either eliminating or distributing them based on the individual’s will. If no will applies to certain assets, state law will come into play in handling those assets. Additionally, probate will be necessary to ensure that any existing will is valid under state law.
Investigation and Determining Liability
When a death occurs in a car accident, an investigation will determine if there is criminal liability or negligence. This process impacts any potential wrongful death claim and can lead to criminal charges if wrongdoing is detected. Here are the various steps involved in a car accident investigation.
Police Investigation
The police will conduct an initial investigation at the accident scene. This inquiry will include gathering evidence, such as footage of the crash and images taken afterward. The authorities will also take witness statements from those at the car crash scene. If their statements are not taken on the day of the crash, the police will collect their information to contact the witnesses later.
This investigation is designed to determine the cause of the accident and assign the fault to the appropriate party. This analysis is a critical step in the process, especially if the victim’s family plans to file a wrongful death action. The police report created from the investigation will serve as vital evidence in your wrongful death settlement.
Accident Reconstruction
To further cement the narrative of how the tragic accident occurred, experts will be brought in to recreate the circumstances of the scene. These specialists can help determine the details surrounding the deadly car accident, such as vehicle speeds, impact forces, and causes. Information from a vehicle’s event data recorder, or black box, will also help the accident reconstruction process.
Legal Investigation
A legal investigation of the car accident will follow. This phase is often conducted by a wrongful death attorney representing the immediate family members of the victim. During this stage, the lawyer will gather additional physical evidence to support their client’s side of the story, such as interviewing more witnesses and consulting accident experts.
Dealing with Grief and Emotional Trauma
No amount of compensation or justice can bring a loved one back after a fatal auto accident. Surviving family members and friends now must navigate the grief and emotional trauma that comes with losing a loved one. Closure and grief look different for everyone, but most will experience the following stages to some degree to mourn their loss.
The Grieving Process for Families
The grieving process consists of five stages: denial, anger, bargaining, depression, and acceptance. Individuals will move through these phases at different speeds. Some may be stuck in denial for a long time, while others struggle with depression for years after losing a loved one.
Individuals are also expected to move back and forth between these stages, skipping some of them entirely or reverting to previous steps. If you are struggling with the grieving process, you must seek support from a licensed counselor or therapist.
Memorializing the Deceased
One of the few things that can provide some closure in the immediate aftermath of a motor vehicle accident is memorializing the deceased individual. Funerals, memorial services, and tributes can bring people together to celebrate the life of the victim while mourning their loss surrounded by friends and family. It is a great way to honor them and remember the life they led.
This type of closure is often stressful to plan so soon after losing a family member, so don’t be afraid to rely on local resources and the recommendations of funeral directors when crafting a memorial service.
Resources for Grieving Families
You can lean on many different resources for emotional support and community after the accident occurs. The deceased person would likely want you to find peace and joy despite your loss.
Connecting with support groups, counseling services, and even online communities can provide you with an outlet for your pain. Sometimes, the love of others who have been through similar challenges can help you see a path forward.
Prevention and Awareness
All accident victims and families would say that preventing these situations in the future should be a top priority as a society. Whether that means a compensation claim to hold the responsible party accountable or improving safety practices on the road, there are many ways to help prevent wrongful death cases from being necessary after fatal accidents.
Promoting Safe Driving Practices
The best way to reduce the number of road deaths is to increase the number of drivers who act with safety in mind. Reckless driving, like road rage, is a recipe for disaster, so keeping a cool head is critical. Impaired driving due to drugs or alcohol and speeding should be avoided at all costs.
If you are often distracted by your cell phone or eating while driving, consider the potential consequences of getting into a fatal car accident. If everyone focuses more on safety while on the roads, the number of fatalities from collisions will naturally decrease.
Advocating for Safer Roads and Vehicles
Behavior alterations are not the only solution to creating safer roads. Standards for road safety and vehicles must be improved to prevent as many accidents as possible. Could a car accident be avoided if the infrastructure was safer and there were fewer potholes?
How many injuries and deaths could be prevented if vehicles were designed with safer crash-avoidance technology? Advocating for safer roads and vehicles can reduce the rate of auto accident deaths.
Supporting Research and Education
Sometimes, knowledge is the best defense against dangerous car accidents. Many drivers are unaware of the dangers because they have never been involved in collisions. Young drivers, in particular, may also need to learn about the realities of driving.
If we raise awareness about the dangers of car accidents and how easily they can turn fatal, perhaps more lives could be saved. Further research is needed to innovate and continuously design safer roads and vehicles.
Finding Healing and Justice After a Fatal Car Accident
When someone dies in a car wreck, surviving family members have the right to seek financial compensation in a wrongful death case if negligence is involved. To increase your chances of winning, you will need an experienced wrongful death attorney on your side. The Mitch Grissim & Associates team will guide you through the claims process to hold the at-fault driver responsible. When you file a wrongful death case with a lawyer from our firm, you will level the playing field against the defendant, their insurance company, and their attorneys. Whether you are dealing with medical bills, ongoing therapy, emotional trauma, or a loss of financial support, your local attorney can assist you with your legal claim.
To speak with a wrongful death attorney about your car accident case, call 615-255-9999 for a free consultation. You can also complete the online form to contact us and schedule a free consultation. Let’s start the conversation about how to file a wrongful death suit while protecting your rights.
