Every year millions of people across the country are killed after being involved in an accident. In fact, it is one of the leading causes of accidental death in the United States.
As common as it is, many of us don't know exactly what happens when someone is killed in a car accident.
In this post, we look at how families can deal with the legal and financial consequences of a fatal car accident.
How often does someone die in a car accident?
Car accidents kill an estimated 1.25 million people each year, with many more sustaining non-life-threatening injuries. The National Highway Traffic Administration estimates that an accident occurs at least once every minute of the day. While some of them are minor, others can result in fatalities.
Some victims die at the scene of a sudden fatality accident, usually as a result of a high speed impact or blunt force trauma.
In a fatal accident, the victim lives long enough to reach a hospital. However, due to the extensive physical damage, his body cannot cope. You can die in the ambulance or in a medical center.
These deaths are also counted as deaths from traffic accidents..
The main reason that road deaths are so common is that we spend time in our cars almost every day.
For most of us, it's the most dangerous thing we do on a regular basis. However, many people continue to break traffic laws while driving, which is often the cause of fatal accidents.
The most common causes of traffic accidents
Many people wonder: How do people die in car accidents?
There are numerous ways that drivers can be involved in a car accident that results in death. Sometimes it's just a little bend in the fender, while other times the car can get wrecked.
However, most drivers would agree that the most worrisome accidents are those that are likely to be fatal.
While most people consider drugs and alcohol to be the leading causes of fatal crashes, speeding actually claims more lives than any other traffic violation. Driving even a few kilometers over the speed limit can make the car difficult to control, especially in less than ideal conditions.
Distracted or careless drivingis another common cause of death, especially in the age of mobile phones. Drivers who take their eyes off the road to text or get distracted by a phone call are less likely to focus on their surroundings and more likely to accidentally hit something or someone.
drowsy driversthey are also a major concern in the United States.
Many people underestimate the dangers of driving when sleep deprived. Someone who just finished a 12-hour shift doesn't have the mental capacity or reaction time to drive safely.
In fact, many experts believe that driving while drowsy is just as dangerous asdriving under the influence.
Many fatal accidents occur because people do not follow the basic rules of the road. If someone doesn't read the street signs around them, they could end up hitting whoever has the right-of-way.
Ignore stop signs and give wayare two common causes of fatal traffic accidents.
It is better to be aware of what usually causes fatal accidents so that you do not make the same mistakes. When driving, always remember that what you are doing is potentially dangerous.
Be alert and obey traffic rules at all times.
Does the person who causes a car accident that kills someone go to jail?
It's a sad fact that accidents happen all the time and it can be difficult for survivors to process, especially if they don't already know what happens when someone is killed in a car accident.
They often have difficulty surviving the legal proceedings that follow the accidental death of a loved one. Many look for guilty; However, not all drivers are prosecuted after a fatal accident.
Drivers generally do not need to be prosecuted if a fatal accident occurs due to factors beyond their control, such as: B. poor road conditions or unexpected mechanical failure. Drivers are also not responsible for what is called “Force Majeure', which includes natural events such as hail, floods, tornadoes and more.
If an accident was the result of negligent or reckless driving, it may warrant a manslaughter charge.
Ultimately, the local prosecutor's office decides if a driver is criminally responsible for a fatal accident. They take into account a variety of factors, mainly related to the behavior of the driver before the accident.
In most cases, a driver who was under the influence of drugs, alcohol, or other substances at the time of the accident will be held criminally responsible for each death. Even sober drivers can be prosecuted if they do not obey the rules of the road.
Violations such as speeding, violating, and more can result in the driver being held responsible for the death.
After an accident, the police and insurance companies conduct a thorough investigation of the accident. You need to have some idea of what happened and if someone is guilty or not. Police will question the occupants of each vehicle, as well as any bystanders who may have witnessed the accident.
The police will also investigate the crime scene to get more details about how the accident occurred. They examine each vehicle for damage, skid marks or collision marks along the road, and signs of minor injuries to the occupants. They can also order blood tests, check nearby security cameras, and even view past log books.
The police report plays an important role in whether a driver is found not guilty or guilty in a fatal accident. If a driver is found to be criminally responsible, he may end up serving a prison sentence. The punishment can last from months to years. The length of time depends on factors such as the nature of the charge, severity, and the state laws in which the accident occurred.
Does insurance pay for death in a car accident?
After a car accident, many families struggle to pay medical and repair bills, investigative fees, funeral expenses, and more.
In some cases, they can receive financial assistance by completing an application.Wrongful Death Lawsuitagainst the perpetrator. The request must be made by the personal representatives of the deceased, such as a spouse, children, parents, blood relatives or close family friends.
A wrongful death lawsuit can recognize botheconomic and non-economic damageson the final bill.
In most cases, the polluter has to pay for at least part of the economic damage, such as medical expenses, funeral expenses, and lost wages.
In some cases, non-economic damages, such as psychological stress and reduced quality of life, are also taken into account. If the driver behaves recklessly, he is also threatened with damages.
Even if no one is arrested, a family can still seek financial compensation.
However, whether or not they have a case depends on who is in charge. The family or loved ones of the deceased need to know who to file a lawsuit against if they want to see results.
Police reports can help establish liability, but many other pieces of evidence can also come into play in court. Families must rent awrongful death attorneyto review all the details needed to build an airtight enclosure. A good attorney can identify those responsible for death, injury, and other damages.
Liability is not necessarily limited to the driver of a vehicle involved in an accident. If the driver is not the owner of the affected car, the real owner may be complicit. The car manufacturer can be held liable if the accident was due to mechanical failure.
If a poorly built road causes an accident, the local government can be held responsible. Companies that dispatch drivers during work hours may also be liable if an employee or company vehicle is involved in an accident.
In some cases, victims can file a whole life insurance claim for a car accident. However, it is important to remember that not all insurance plans are created equal. While one may pay all the damage, others only pay a fraction.
Most insurance policies provide a death benefit that pays a specified amount to victims of a fatal accident.
Families can apply for a death benefit in certain situations, as long as the deceased is listed on the insurance policy.
You can also claim damages from liability insurance. If your vehicle is damaged or a passenger is injured, the policy may cover you up to a certain amount.
Although insurance is required, it is important not to rely on someone else's plan to cover your costs after an accident. You should make sure that your own insurance company has an accidental death payment policy.
Avoid deadly shipwrecks
You don't always have to worry about what happens when someone is killed in a car accident. Although you can't control what others are doing on the road, you can take steps to reduce your own risk of being involved in an accident.
Defensive driving is one of the best ways to avoid an accident involving a drunk driver. He must always be focused, alert and aware of his surroundings while driving.
It might be a good idea to review the rules of the road in your state every few years for a refresher course on safe driving. If you plan to visit other states or countries, always make sure you are familiar with the rules of the road to avoid accidents abroad.
If you are involved in an accident, you can take steps to protect all occupants from serious injury. The driver, front passenger, and everyone else in the vehicle must wear seat belts at all times. Children under 13 years of age must travel in an appropriate child seat for their own safety.
It's also a good idea for everyone to sit upright in the vehicle with their legs and arms down. Cars are crash tested to protect people sitting in that position; If you have your legs raised or arms outstretched, you are at greater risk of injury from airbags, crushed metal, and broken glass.
When driving, remember to keep a safe distance between your car and the vehicle in front of you. As a general rule of thumb, you should stay behind them for about three seconds. In this way, you do not risk hitting the bumper in the event of a sudden braking maneuver. By maintaining a safe stopping distance, you also reduce the risk of the driver behind you colliding with your vehicle.
Even if you obey the rules of the road and drive safely, a mechanical failure in your car can result in a fatal accident. To prevent this from happening, you should have your vehicle serviced regularly. You should change your oil every 3,000 to 5,000 miles and have your car serviced by a professional annually.
Contact Stoy Law Group, PLLC.
Unfortunately, deaths from car accidents are not uncommon. When your loved one is killed in a car accident, it can be difficult to deal with the consequences.
However, if you know what happens when someone is killed in a car accident, it can help to know exactly what to expect in the future. You will be prepared for all legal and financial obstacles without being surprised.
A fatal accident can result in a criminal conviction for those at fault, and those close to the deceased may be entitled to financial compensation.
The most important thing for everyone to remember is that the best way to handle traffic accidents is to be proactive. If we all obey the rules of the road and take steps to protect car occupants, we can work to reduce the number of deaths on the roads each year.
If you have any questions, don't hesitate.Contact our legal teamNein Stoy Law Group, PLLC.