The survivors of someone who dies in a car accident have a legal right to sue on the victim’s behalf. Under current personal injury laws, families can use three different legal theories in filing a claim. The theory chosen depends on the case’s facts and upon who is responsible for the accident. In this article, readers can learn about filing a lawsuit after a fatal auto accident, and they can also learn how a car accident lawyer in Williston ND area can help them through the process.
When can a Family Bring a Negligence Suit After a Fatal Accident?
Under the theory of negligence, a relative can sue when an at-fault driver causes the death of another motorist, a pedestrian or a passenger. To prove the defendant’s liability for negligence, the plaintiff must show:
- That the defendant owed a duty of care to the victim
- That the duty was breached when the accident occurred
- That the defendant was responsible for the accident
- That the defendant’s behavior led to the fatality
Wrongful Death Actions
Wrongful death lawsuits are filed by family members on behalf of a person who has died in an auto accident. The decedent’s family files the suit against the at-fault driver, to gain compensation for their losses. Only immediate family members can sue on a decedent’s behalf in these cases.
Cases Where the Vehicle is to Blame
Some fatal accidents aren’t caused by driver error, but by a problem with the vehicle. These cases are referred to as product liability lawsuits, and auto manufacturers can be sued in the presence of design, warning and manufacturing defects.
Should a Victim Speak to an Attorney?
If a person dies in an automobile accident, or if a person is being sued for causing a crash, they should call a Car Accident Lawyer in Williston ND as soon as possible. A lawyer can guide the client through the entire legal process, and they can help them decide whether to settle the case or present it at trial. By hiring a car accident lawyer, a victim’s family can protect their rights and get the compensation they deserve.
