How Do You File a Wrongful Death Claim Due to an Auto Accident?
About 30,000 Americans lose their lives in automobile-related fatalities annually, per the CDC. With the introduction of new and enhanced safety features, this number has gradually decreased. However, far too many lives are lost in preventable automobile accidents.
Those left behind after a fatal car crash may be entitled to financial recompense. Here are some details concerning the legal system that you should know in the event of a fatal car crash. Discuss your case with a certified legal representation.
At the Scene of the Accident
If you’re a Georgia driver and you’re involved in an accident that causes injury, death, or property damage totalling more than $500, you’re required by law to report it. In the event of an accident in a city, motorists should report it to the police. Outside of urban areas, drivers should report accidents to the local sheriff’s office or the Georgia State Patrol.
In the event of an accident, motorists are also obligated to help treat victims. To get an ambulance or emergency medical technicians, you’ll need to phone 911. This obligation remains in place even if the victim of the injury appears to be lifeless.
Accident Investigations
The responding police officers will conduct an investigation to determine what caused the collision.
A wrongful death claim requires proof that the decedent’s death was the result of another party’s wrongful or negligent conduct, such as when:
- Assault, battery, and other criminal offences
- Impatient driving caused by speeding, texting, and driving too fast
- Hit-and-run
- Drunken driving
The police will investigate the scene and write up a detailed report. Testimony from eyewitnesses, forensic evidence like skid marks, and videos of the relevant roadways could all be considered. A wrongful death suit could be founded on the information in this accident report.
Executing an Arrest
After a fatality, law enforcement must additionally investigate whether or not the motorist was criminally responsible.
There are four scenarios that can lead to death by car in the state of Georgia:
- Intoxicated or careless motorist
- Hit-and-run
- Offence typical of traffic law violations
A repeat offender whose licence has been suspended for driving while it is revoked
Whenever there is a fatal accident, the police will not necessarily make an arrest. Still, a wrongful death suit can be filed whether or not an arrest is made. To what extent should a person be held responsible for another person’s death depends on the circumstances.
