What Happens When Someone Dies Due to a Car Accident?
In 2022, over 42,000 people died in motor vehicle crashes in the United States, with the Volunteer State experiencing just over 1,300 fatalities. With society being in a constant rush and the roads becoming increasingly busy, fatal car accidents are only expected to rise in the coming years.
The pain of losing someone you care about cannot be eased, even after time has passed. Losing a child, parent, spouse, or sibling in a car accident is tragic, robbing you of precious time that you would have otherwise had with your loved one.
If you have recently dealt with the loss of a family member due to a motor vehicle collision, our Nashville wrongful death lawyers are ready to assist you with your claim.
Wrongful Death Claims & Survival Actions in Nashville, TN
Family members who lose a loved one due to injuries caused by a “wrongful act, omission, or killing by another” are eligible to file a wrongful death claim under Tennessee Code §20-5-106. In a wrongful death suit, the family members seek compensation for the decedent’s funeral expenses, burial costs, and loss of inheritance.
A wrongful death action can be pursued by any of the following parties in relation to the decedent (in the following order, with the next in line becoming eligible if the previous party has predeceased the victim):
- Surviving spouse
- Surviving children
- Next of kin
- Estate executor (now known as “personal representative”)
- The deceased’s natural parents (if the deceased was a minor or otherwise in their custody)
Family members may also choose to file a survival action in conjunction with a wrongful death claim. In a survival action, family members recover damages for losses on behalf of the deceased. A survival action is a personal injury suit, allowing the injured party to seek damages for accident-related costs from the time of the person’s injury to the time of death. Damages sought may include lost income, medical expenses, vehicle damage, and pain and suffering.
Proving Liability
For a family member to recover damages, the carelessness of the defendant must be proven. The elements of negligence that must be established are as follows:
- Duty of care: You must demonstrate that the defendant owed the deceased a duty of care. In a motor vehicle accident, drivers have a duty to follow the rules of the road, including traffic signals.
- Breach of duty: You must demonstrate that the defendant violated his or her duty through an act or omission. Basically, breaking a traffic law, such as running a red light, failing to yield right-of-way or speeding.
- Causation: Showing a breach of duty is not enough. You must also show how the defendant’s actions caused your family member’s injuries. This will include how the defendant’s actions set the events into motion, resulting in the accident, and the foreseeability of the defendant’s conduct in causing your loved one’s injuries.
- Damages: Although your loved one has passed away from his or her injuries, you will need to show measurable losses, which can be both economic and non-economic.
Proving negligence is no simple task, but the following forms of evidence may help to support your case:
- Video surveillance cameras or a dashcam showing the accident unfold.
- Photographs of property damage, skid marks, and vehicle wreckage.
- Testimony of any witnesses, which may include passengers or drivers in other vehicles or bystanders.
Reach Out to a Nashville Wrongful Death Lawyer Today
If you have lost a family member due to a car crash, our Nashville wrongful death lawyers would like to hear from you. To learn how our team of experienced attorneys can help you, schedule your free, no-risk consultation today. Our Nashville office can be reached by phone or by completing our online contact form.