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Fatal Consequences: Understanding Wrongful Death in Car Accidents

On Behalf of Rush Injury Law

There is an undeniable statistical link between car accidents and wrongful death claims. The fatal consequences of auto collisions are too hard to deny and they are still happening at an unprecedented rate despite a raised awareness of dangerous driving. It is important to understand what classes as a wrongful death case in car accidents, and Rush Injury Law has created this guide to help.

What Is Wrongful Death?

This describes any incident where a person loses their life as a result of someone else’s negligence. Wrongful death is a hard thing to deal with legally speaking because there are so many moving parts to the process. However, that is where Rush Injury Law truly shines with both expertise and compassion for any family member victim who makes contact with the team. If a wrongful death occurs as a result of a car accident, it will typically be a civil claims process which means there will be limited criminal penalties unless there was something like alcohol or mobile phone use involved.

What Kind of Things Prove Negligence?

There are a few categories that can serve to prove that a driver was negligent or acting unsafely at the time of the accident.


The number one reason why accidents happen is speeding. The people most at risk from wrongful death are pedestrians hit by drivers breaking the law and operating a vehicle above the speed limit. This is a clear breach of the expected duty of care while driving on any road.

Being Under the Influence

This one will be easier to prove than other circumstances because unless the incident was a hit and run where the driver fled the scene, there will always be a police report from the time of the accident. So, this will uncover whether someone was driving under the influence of either drugs or alcohol and this is an instant penalty as well as an incredibly easy piece of evidence to prove liability and negligence.

Who Can File a Wrongful Death Claim?

There are a few different people who are eligible to file a wrongful death claim. This includes spouses, siblings, parents, and potentially unmarried partners. The general guidance is that anyone who has been directly impacted financially and psychologically as a result of losing the person could potentially file a wrongful death claim and be successful.

What Can You Claim For?

It is possible to claim for a number of things during a wrongful death lawsuit. It is important to be honest and open when discussing the impact with our attorneys because this will be the only way to determine the level of compensation you are entitled to. It is, of course, impossible to truly size up the cost of grief, but there are certain factors that we can look at to get a figure on the table.

Financial Losses

If you depended on the victim financially, for example, they were your spouse and the lead household earner, then this is relevant. You are vulnerable to debt or even losing your home without this income so you are eligible to put it forward as a part of the overall compensation demand. This includes any lost salaries and the cost of living payments too.

Mental Health Impact

There is also a case for explaining and representing all of the ways this event has impacted your mental health. You might be struggling to look after yourself and your family in the aftermath, and this needs to be put forward as evidence.

Why Are Car Accidents Often Responsible for Wrongful Deaths?

The fact is, driving is a dangerous activity. It doesn’t matter how safe you think you are behind the wheel, if someone else is having a bad day or has decided to act with reckless abandon then you may be in trouble. Car accidents are a part of everyday life, and this is an unfortunate fact exacerbated by a number of other factors that enhance the overall danger of such incidents. What does this mean? The things discussed above like speeding and drinking alcohol will always increase the possibility of a fatality occurring because a driver is not in control.

Rush Injury Law is a compassionate team that works tirelessly to find you the justice your family deserves after a wrongful death happens. This is a time fuelled by strong emotions, and it is always helpful to have a clear, legal mind on your team as life moves forward.

Visit our offices at the following addresses, or give us a call on the number below.

  • 10 Commercial Blvd, #206 Novato, CA 94949
  • 75 Broadway #202, San Francisco, CA 94111
  • 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Call us today for a free consultation on (415) 897-4801

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