June 20, 2022

Can I File a Claim if the At-Fault Driver Did Not Survive?

Finding out the other driver did not survive the accident can be disheartening and scary, and knowing what to do can be confusing. There are certain legal steps that can be taken to increase your chances of compensation. You can also talk to a Jackson auto accident attorney about what steps to take.

What to do if the At-Fault Driver Passed Away

Many people wonder what legal options they have if the at-fault driver passed away. Whether you can claim compensation from the other driver depends on who was at fault. The person deemed at fault for the car accident may not have as many legal options available.

When it comes to determining car accident fault, part of this will fall into what your insurance claims adjuster decides. The other part will fall into how much convincing evidence and statements you are able to submit to defend your claim. Conflicting evidence and witness statements can work against your claim and possible compensation.

Regardless of whether a driver survived, the at-fault driver’s auto insurance company will be expected to compensate the other driver. This would be the driver who was harmed by the accident as a result of the deceased driver’s actions. For the deceased driver to be considered at fault, the surviving driver must prove negligence., Can I File a Claim if the At-Fault Driver Did Not Survive?, Germany Law Firm PLLC

Certain types of car accidents will almost always make a driver negligent. Some examples include left-turn accidents, rear-end collisions, and drunk driving accidents. A driver who broke traffic laws like speeding or running red lights is almost always deemed negligent.

The hardest part of filing a car accident claim is proving negligence and causation. Submit as much evidence as you can in the form of pictures, supporting documents, and witness statements. Feel free to contact a Jackson car accident lawyer to see what other steps you can take to increase your chances.

When Can a Wrongful Death Claim be Filed?

Knowing when a wrongful death claim can be filed against you can be helpful. For example, if the surviving driver is deemed completely at fault for the accident, then they could be sued for wrongful death. A driver who is only considered partially at fault for the accident may or may not face similar legal actions.

For a loved one to file a wrongful death claim, they must be closely related to the deceased driver. They must be able to prove negligence, a breach of duty, causation, and damages. Some damages may include funeral costs, pain and suffering, and lost income.

In other words, the surviving driver could be sued for these various expenses faced by the surviving loved ones. Consider asking a lawyer for legal advice if you have concerns.

Auto Accident Lawyer in Jackson

Trying to figure out the complicated legal situation of someone not surviving a car accident can be stressful. Call the Germany Law Firm, PLLC by dialing (601) 487-0555 to talk to a Mississippi multi-vehicle accident attorney for a consultation today. Our legal team might be able to help you obtain compensation for medical bills, pain and suffering, and lost income. We serve clients throughout Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.

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