With the growing awareness over careless and unsafe motor vehicle operation combined with cutting-edge technology to prevent collisions, driving remains dangerous. Deaths in car accidents in 2020 came in just shy of 40,000, according to the National Highway Traffic Safety Association (NHTSA).
Drivers can become distracted in multiple ways, sometimes with fatal consequences. Smartphones often take an operator’s eyes off the road, whether they are texting, swiping, or searching for directions. Far too many drivers get behind the wheel while sleep-deprived. Others decide to operate their vehicles under the influence of drugs and alcohol.
The negligent driver’s concentration or condition aside, still other factors have led to deaths on the road:
- Inexperienced drivers
- Elderly drivers
- Reckless driving that ranges from unsafe passing to speeding and racing
- Inclement weather conditions
- Poorly maintained and defective streets and highways
- Motor vehicle defects
Pursuing a wrongful death claim
California law states that each heir is eligible for financial damages for the loss of a loved one due to the negligence of another. The challenge is proving wrongful death in a motor vehicle accident.
The plaintiff in the lawsuit must be an immediate family member (spouse, child, or parent) related to the deceased. In some cases, the estate’s personal representative will file suit on behalf of the surviving loved ones.
Wrongful death cases are complicated, and emotions run high, particularly when a family is grieving the loss of a sole provider. No amount of money will bring back the loved one that was lost due to a car accident. Taking on a complex claim requires a skilled and seasoned attorney who will attend to every detail and fight for maximum compensation.