According to research, car accidents are responsible for approximately 1.25 million deaths in the United States each year. Car accidents can be devastating and the families of the victims suffer their loss. Accidents can occur suddenly and cause severe injuries to individuals and their families.
A fatal car accident could result in you or someone you love being a passenger, pedestrian or driver. No matter who you are, it is important to understand what happens when someone dies in an accident. This article will cover this topic and the role played by a Greenville car accident lawyer.
Determination of At-Fault Driver
There are many reasons why car accidents happen. The first step in determining the cause of a fatal car crash is to identify the at-fault driver. The driver who caused the collision is called the at-fault driver. An accident can involve more than one driver at fault.
These factors are used to determine who is at fault in an accident:
Did Any of the Drivers Drive Under the Influence?
South Carolina law prohibits driving under the influence or drug of alcohol. Driving while under the influence of alcohol or drugs is illegal in South Carolina. Alcohol impairs drivers’ senses and makes them more likely to cause an accident.
Did Any of the Drivers Drive Recklessly?
South Carolina has established a number of rules and regulations that will guide motorists on the roads. These regulations include traffic signs and speed limits. These rules are ignored by reckless drivers. Reckless driving is a crime that can be prosecuted by a Greenville attorney.
Is the Collision Due to Tailgating?
Tailgating is when one vehicle follows the car ahead too closely. A rule of thumb is to allow at least two seconds between each vehicle. For larger vehicles, however, you should have more space. If tailgating is a factor in an accident, the driver at fault is often the one behind.
Was the Accident Caused by Factors Other Than Driver’s Hand?
Car accidents can happen in unexpected ways that no driver could prevent. We have things like bad road conditions, slippery roads due to rain or snow, and unpredictable mechanical failures. The court can use police reports, traffic cameras, eyewitness testimony, and other evidence to determine who is at fault.
What Happens if the Deceased is the At-Fault Driver?
After finding the at fault driver, there are two options: The deceased could be the driver at fault or not. If the deceased was the at-fault driver, then the victim will find out who is responsible for their expenses or compensation.
Two sources can provide victim’s compensation. The first is the insurance company of the at-fault driver. This is the insurance company they used to insure their vehicle. You can also get compensation from the estate of the deceased or their family members. This option is not available to those who were underinsured or uninsured.
The insurer of the deceased will pay the other party the following:
- Medical bills
- Loss of income
- Vehicle damage
What Happens if the Victim is the Deceased?
If the victim was not at fault for the accident that led to their death, the family can file a wrongful-death lawsuit. A wrongful death lawsuit can be filed if someone’s negligence or unlawful act leads to the death of another person.
The only ones who can file a claim for the deceased’s wrongful demise are their children, spouse, and parents. They receive the damages and compensation. But, a wrongful-death claim can be complicated and time-consuming. This is why an auto accident lawyer in Greenville is so important. The at-fault driver could also face vehicular manslaughter charges in addition to a wrongful deaths lawsuit.
Some of the damages that are recognized in a wrongful-death lawsuit include:
- Medical expenses
- Funeral costs
- The pain and suffering of the decedent before their death
- The suffering and pain of the survivors
- Loss of inheritance by the deceased
- Loss of wages due to the death
- The loss of companionship, care and nurturing that the deceased would have provided, as well as their values, would be devastating.
The two most painful things in life are suffering and pain.
Hernandez & Cabra Can Handle Your Car Accident Claims
Hernandez & Cabra has an experienced legal team who will use every resource to get our clients justice. A car accident lawyer is needed in Greenville, SC if you or someone you know has been injured in a car accident. We can help you pursue your claim.
All of our clients get the maximum amount possible. We will not charge for any services if your claim is not successful. Stop wasting time and call us now at 864-501-4384.