Legal Procedure When Accident Victim Has Sustained Fatal Injury

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

Careless driving

–Not allowing enough space between a driven vehicle and the one in front of it.
–Not signaling before changing lanes

Reckless driving

• 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.

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