404-809-2394
Can I Sue Someone for a Fatal Car Accident?
Driving is an American way of life. There are few places in the United States where individuals can go about their daily lives as pedestrians without needing a car. However, driving can be a dangerous activity. This is especially true in Georgia. Georgia ranks third in the nation for car accidents, behind only Texas and California. In 2023, this represented 400,000 accidents. In the first quarter of the year alone, nearly 400 people were killed in those accidents.
Most of these accidents could have been avoided and were the result of careless, reckless, or distracted driving. This means if you or a loved one lost somebody in a fatal car crash, you may be able to hold someone financially responsible. An experienced and compassionate car crash attorney can help you through the process of determining whether someone is responsible for your loved one’s death and help you get justice.
What Are the Leading Causes of Fatal Car Accidents in Georgia?
In some instances, car accidents may not be anyone’s fault. A driver taking all precautions may still hydroplane on wet roads and get into a crash or swerve to avoid an animal on the road. In many instances, though, accidents could have been prevented. This is especially true when considering the leading factors contributing to accidents in Georgia. These include, but are not limited to:
- Distracted Driving
- Driving Under the Influence of Drugs or Alcohol
- Speeding
- Youth/Inexperience
Distracted driving is when a driver engages in another activity while behind the wheel of a car. This most often includes texting or talking on a cell phone but can also include things like trying to change settings on the radio.
Driving under the influence is another factor contributing to fatal accidents in Georgia. Speeding is another leading cause of deadly accidents. The faster a car goes, the higher the likelihood of serious injury or death if that vehicle is involved in an accident.
Youth and inexperience are significant factors contributing to accidents that many people do not think about. Teen drivers are more likely than any other group to cause major traffic accidents. In 2020, teen drivers were responsible for $40 billion in hospital bills related to car crashes.
While any accident can be fatal, not all fatal accidents can result in lawsuits. This is why an experienced car crash attorney is vital to understanding the next steps if a loved one is killed in a car accident.
How Do I Hold Someone Responsible for a Fatal Car Accident?
Just because someone died in a car accident does not necessarily mean you can sue someone. To file a wrongful death suit in Georgia, specific criteria must be met and certain elements of the case established.
The first element to establish is negligence. This demonstrates that someone was responsible for the accident. Negligence has three components. The first is duty of care. Duty of care means the driver has a duty to drive responsibly so as not to cause harm to other drivers.
The second component is a breach of duty. This demonstrates the driver violated their duty by engaging in some behavior that resulted in the crash, such as speeding or distracted driving.
The final component is a causal link. This establishes that the individual’s breach of duty resulted in an accident. For example, say someone was speeding while talking on their phone. This person may not necessarily cause a crash. Simply engaging in dangerous behavior does not make someone responsible for an accident. This is why a causal link must be established, proving the driver violated their duty of care.
Once negligence has been established, you will need to demonstrate damages. Damages can be economic and noneconomic. Examples of economic damages include but are not necessarily limited to hospital bills, funeral expenses, and lost wages. Noneconomic damages include but are not necessarily limited to pain and suffering and emotional distress. What damages you may be eligible to collect will vary according to the circumstances of the accident.
Who Can Collect Damages from a Fatal Car Crash?
Not just anyone can file a lawsuit in the event of a fatal car crash. Only specific individuals can file suit, and there is an order of priority in which they may file. Spouses and children are given the first priority to seek damages in the event of a fatal car crash. If there is no spouse, then any children of the deceased may file suit on their own. If the deceased had no spouse or children, then their parents may file suit. If the deceased had no spouse or children and their parents were also deceased, the estate may seek damages.
Generally, siblings and other relatives may not seek damages except under certain circumstances. For example, if your sibling was killed in a car wreck and they had no spouse or children, and your parents are deceased, but you were named executor in a will, you may be able to file suit as executor of the estate. An experienced attorney can review your case and determine if you are eligible to file suit and, if so, how much you may be able to sue for.
What Should I Do if I Lost a Loved One in a Fatal Car Crash?
An accident can change someone’s life in the blink of an eye. No one should have to go through the pain of losing a family member in a car crash. This is especially true if the accident could have been prevented. If you or a loved one lost a family member in a car accident, don’t hesitate to contact one of the attorneys on our team at Washington Legal Group. We pride ourselves on being aggressive, helpful, and compassionate—in that order. Lead attorney Quinton Washington is a former judge who’s practiced law on both sides of the bench, providing him special insights not every attorney possesses. He and his team are ready to help you hold dangerous drivers responsible for your loss and begin a new chapter of your lives.
Losing a loved one in an accident is a tragic experience. The team at Washington Legal Group can help you navigate the complicated process of what comes next. If you or a loved one lost someone in a fatal car accident, you should immediately contact one of our attorneys at 404-809-2394 to schedule your free case evaluation.
