Car crashes are one of the top reasons that people die prematurely. Drivers, passengers and even pedestrians in Maryland can end up involved in collisions that prove fatal. For those left behind after a tragic collision, it is only natural to look for someone to blame.
In some cases, state law does allow grieving families to pursue a wrongful death lawsuit after a car crash. However, not every fatal collision provides the necessary circumstances for a wrongful death lawsuit.
When can families file wrongful death lawsuits after fatal car wrecks?
When the circumstances meet statutory standards
Maryland allows for wrongful death lawsuits in three types of circumstances. Plaintiffs can bring actions in cases involving wrongful acts, including criminal conduct. Drunk driving could be an example of a wrongful act that might justify a wrongful death lawsuit.
The law also recognizes defaults as justification for a wrongful death lawsuit. Defaults generally refer to a failure to perform responsibilities in accordance with the law or a contract. Most car crashes don’t fall into this particular category, although there are exceptions.
The third legal reason for a wrongful death lawsuit is neglect. The failure to do what is necessary for safety or the decision to engage in outright unsafe behaviors could constitute actionable neglect. Failing to use a turn signal could be an example of a type of neglect that might ultimately result in a fatal collision. Plaintiffs generally need to prove that the situation falls into one of these three categories to move forward with a wrongful death lawsuit.
When there are uncovered losses
The purpose of a wrongful death lawsuit is typically to compensate surviving dependent family members for the economic impact that a tragedy has. The contributions the deceased individual made to the family and the amount of insurance coverage available determine whether or not the circumstances may justify a wrongful death lawsuit.
If the family has losses beyond what insurance can cover, then they may have grounds for litigation to seek compensation. They can hold the person or business at fault for the situation accountable for the full economic impact of the tragedy.
Discussing the details of a tragic fatal car crash can help families determine whether they can take legal action. Wrongful death lawsuits may provide families with both financial compensation and a sense of closure after a tragic car crash.