There are specific protocols that must be adhered to following the unfortunate passing of someone in a car accident. Additionally, there are requirements for emergency medical services, which may include fire, police, and healthcare professionals. All of these can help you make informed decisions about how to proceed at the scene of an accident.
The authorities must be notified as soon as possible when an car accident accident has occurred. This can be done by making a 911 call and filing a report. Once the police have arrived, they will begin an investigation and will determine who is at fault for the accident.
The coroner must be called in the event of a death, and the body must be removed from the scene. The medical examiner will then conduct an autopsy to determine the cause of death.
How many people die in car accidents?
Each year thousands are involved in auto accidents or in hit and runs, causing death. Data from the Association for Safe International Road Travel shows that nearly 1.25 million people die due to car crashes every year. In Philadelphia, the total number of fatal crashes was 1060, and the number of deaths was 1,129.
Many people die after car accidents while others suffer devastating injuries. Injured victims often require immediate medical aid. Car crashes are the leading cause of death according to the Insurance Institute of Highway Safety (IIHS).
It becomes a complex ordeal to interact with insurance companies after an accident in which someone has died. If you are the loved one of someone who has died in an auto accident, you must file a car accident death insurance claim. You may be able to seek compensation for medical bills and/or pain and suffering.
Of course, police officers can stop vehicles if the driver or passengers aren’t wearing seat belts or are operating the vehicle unsafely. But many more accidents can be prevented when people simply follow safety and seat belt laws when driving.
Criminal Liability That May Arise After A Car Crash
One of the fundamental reasons for deaths in car accidents is driver recklessness. If a driver speeds or drinks and gets behind the wheel and it causes an individual’s death, then there should be a punishment. In fact, those who investigate the situation must even determine whether the at-fault driver intentionally committed a crime For example, an accident may be considered intentional if the at-fault driver went above a certain speed level, because the speed is so dangerous that death or destruction is practically inevitable.
- If the at-fault driver was under the influence of alcohol or drugs at the time of the collision, this results in criminal culpability in Philadelphia as with the rest of Pennsylvania.
- It is the legal duty of every individual driving to maintain a certain standard of care for others. If the at-fault driver drove carelessly they may be criminally liable.
- A driver can be criminally charged for driving with excessive speed or negligently.
- There are factors apart from driver negligence or carelessness. Examples can include dangerous road conditions, mechanical failure, or poor weather conditions. Under these circumstances, criminal charges may or may not be imposed.
Although a criminal conviction can make the task of receiving compensation for the victim in a civil suit easier, an accident victim or loved ones of someone who died can pursue compensation even if there was no criminal activity.
Who Can File A Wrongful Death Lawsuit After a Fatal Car Accident?
The family members of the deceased are eligible to file a wrongful death claim if their loved one dies in a car accident. The family can file a lawsuit against the party at fault.
Some of the various factors that will be examined after a fatal accident include:
Serving alcohol to a person who is already intoxicated: It is illegal to serve alcohol to an individual who can be seen as already intoxicated. Bars and restaurants serving such an individual can be held liable for their activity. Family members of the deceased can file a wrongful death lawsuit if the victim died due to drunk driving.
Malfunctioning parts: Mechanical failure of any part of the car, including a blown tire, can lead to severe consequences. The manufacturer of the defective part may be held liable for the injury or wrongful death of a victim in case of an accident.
Employers of the driver: An employer can be held responsible for wrongful death if the employee died at the workplace. Such a claim must be filed under the workers’ compensation system. For example, if the driver of a commercial vehicle causes harm to another individual that leads to injury or death, then the employer of the driver may be liable for damages in some cases.
How Do You Deal With Insurance Companies After A Car Crash?
It is usually a challenging task to deal with the car insurance adjusters when seeking compensation. Insurance companies do whatever they can to offer the lowest possible settlement amount. They will often encourage you to sign an agreement accepting their first offer.
You may be tempted to accept the offer due to emotional and financial stress. However, you should not sign any agreement until you have consulted with an attorney. The real worth of the claim may be far more than what they offer. Therefore, you must get the actual worth of your claim evaluated by a legal professional.
The party at fault may be held liable for both economic and non-economic damages. While economic damages have inarguable monetary value, non-economic damages can include mental anguish and loss of quality of life since before the accident.
What is car accident death insurance payout?
Car accident death insurance payout refers to a payment given to the beneficiary of an accidental death insurance policy. When a deceased victim possesses this life insurance policy or there is a clause, loved ones get accident death benefits along with the standard benefits.
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Don’t forget that you can strengthen your claim by gathering evidence, both at the accident scene and soon thereafter. Things to look out for include the police report, any photographs of the accident scene, and any witnesses’ information. You should also verify whether the insurance policy of the party at fault has a compensation policy or not.
If you are dealing with the aftermath of a car accident, call the office of our personal injury attorney or fill out our contact form to get your legal options. We look forward to helping you!