Deadly Head-on Crash Defense Attorneys
Head-on collisions happen for a multitude of reasons, including exhausted driving, distracted driving, intoxication, and sudden tire blowouts. For whatever reason the vehicle swerved into the wrong lane or another party failed to stop, law enforcement officers must investigate the accident and declare a cause. After a victim dies in an auto accident, their family is within their rights to start a wrongful death lawsuit to collect compensation for financial losses.
Was the Fatal Accident Reported to Law Enforcement?
When starting a claim, the attorney confirms that the auto accident was reported to law enforcement officers. Even if the fatal accident happened, there must be a legal record of the accident, or the accident could be deemed a hit and run.
If the accident is a hit and run, the accountable driver doesn’t just face a wrongful death lawsuit, but the person faces criminal charges for fleeing the scene of an accident. If the accident wasn’t reported officially, the victim’s family or the individual that discovers the expired victim must contact law enforcement. Families get help with accident lawsuits at wyattlawfirm.com now.
Does the Family Have the Victim’s Autopsy?
Once the victim arrives at the hospital dead on arrival, most state laws require the doctors to perform an autopsy because the victim was an auto accident victim. The autopsy must show that the person died as a result of their auto accident injuries and not for any other reason. If the person died from natural causes that aren’t linked to the accident itself, the family doesn’t have a viable claim against the defendant.
Was There Any Street Camera Footage?
In metro areas, there is a probability that the street cameras captured footage of the accident, and an attorney files a motion to get the video from the appropriate agency. If the footage shows that the defendant caused the accident, the court is more likely to rule in favor of the victim’s family. If the images are inconclusive, the other party’s attorney could use the footage to try to discredit the family’s case.
Deposing Eyewitnesses That Saw the Accident
The attorneys for the plaintiff and defendant have the right to depose any witnesses that present their recollection of the accident. Both parties use information collected from the witnesses to build a case. If a witness witnessed the victim committing a moving violation, the individual testifies for the defense of these claims.
When reviewing all testimony, the attorneys determine if the assessment of the accident provides substantial evidence for the legal claim. In the wrongful death lawsuit, the family must prove that the defendant caused the accident and the victim’s death.
Fighting Comparative Fault Rulings
Comparative fault rulings can prove that the victim is at fault because of any traffic violations such as speeding. If the defense proves the victim guilty of a moving violation, the court assigns a rate of blame to the victim based on the severity of the violation. If the victim is more than half at fault, the case is dismissed, and the victim’s family won’t receive compensation.
Head-on collisions could lead to two fatalities and unanswered questions. In many cases, the investigation takes longer to rule on what actually happened. Drivers are tested for controlled substances and alcohol to determine if either party was under the influence at the time of the accident. Once an at-fault driver is identified, the victim’s family starts a wrongful death lawsuit.