Grieving family members often ask whom to sue, in order to acquire some form of compensation, following the sudden and accidental death of a loved one. Some families are content to seek monetary compensation by initiating a lawsuit in a civil court. Others choose to go after criminal prosecution of the responsible driver.
Procedure for obtaining monetary compensation
File a lawsuit in a civil court with the help of a personal injury lawyer in Antioch. Allow a judge or jury to decide who should be held responsible for the unexpected death of a loved one.
In order for a family to win their case, the family’s chosen attorney must show negligence on the part of the responsible party.
There are 3 potential sources for any negligence that seems to have caused the unanticipated and fatal incident.
–Poor road conditions: The negligent party would be someone working in a division of the traffic department, or someone that has failed to demonstrate the claimed possession of adequate engineering skills.
–Mechanical failure: That would be the result, if some vehicle part had malfunctioned.
–Natural occurrence: This is usually weather-related.
Actions by driver that could make occurrence of fatal accident more likely
–Not allowing enough space between a driven vehicle and the one in front of it.
–Not signaling before changing lanes
• Going through a red light
• Needless honking, usually done in an effort to get traffic moving faster
• Trying to drive while drowsy
• Speeding (because a driver’s desire for speed has triggered the occurrence of far too many accident-related fatalities.)
• Failing to yield
• Paying attention to a distraction, instead of the road
• Taking control of a vehicle before passing the test required, for the purposes of obtaining a valid driver’s license
• Sitting at the steering wheel when under influence of either drugs or alcohol
Factors considered during effort to determine whether or not the responsible driver had been guilty of negligence
• What was driver’s behavior during the moments before the accident?
• What facts were revealed in any statements from witnesses?
• What sorts of injuries did the occupants in the victim’s vehicle suffer?
• Was there any video footage that came from a camera that was located close to the spot where the collision took place?
What could be consequence if driver’s negligence has caused a vehicle’s occupant to suffer a fatal injury?
The length of any sentence varies from state to state. In some states the negligent driver must spend a few months in prison. In other stated, someone that has committed the same felony could be in jail for several years.