Who is Responsible When My Family Member Dies in a Car Accident?

Losing a loved one in a car accident is an incredibly traumatic experience. Along with the overwhelming grief, questions often arise about who is responsible and what steps need to be taken to seek justice. At Nimmons Malchow Johnson Injury Lawyers, we understand the weight of these questions. Families need answers, and more importantly, they need support through this challenging time. If you find yourself in this heartbreaking situation, we want to offer insight and guidance to help you navigate the legal process.

They made everything easy for me! Even when I lost faith in the car accident where a drunk driver hit me, they helped me through every process. They were quick as they could be and made everything easier for me while being in the process of my move to Japan for the Navy, full time student, and planning my own wedding. I appreciated the help. Thank you!”

- Julissa Evans

I had the pleasure of allowing Mr. Leland Malchow to represent my case and I would recommend 10star rating if possible. Not only was Mr. Leland very professional and knowledgeable, he also took the time to listen to my frustrations about my situation. He offered a listening ear, as well as some kind motivational advice. Our relationship has been through business only but I would extend a hand to him and the law firm from here on out. Thank you all and God Bless."

- Chris Rowland

Chris Johnson is an exceptional attorney for car wreck cases. His expertise, clear communication, thorough preparation, and effective negotiation skills led to a favorable outcome. With compassion and support, he guided me through the process, making him highly recommended for anyone in need of a skilled legal advocate."

- Jayko Robinett

Understanding Fault and Liability in Fatal Car Accidents

In Georgia and South Carolina, fault in a car accident isn’t always straightforward. Various factors come into play when determining who bears responsibility. Car accidents often result from a combination of factors, and multiple parties could potentially share liability.

The Driver at Fault

Most fatal accidents involve one or more drivers whose actions contributed to the collision. Common examples include speeding, distracted driving, failure to yield, and driving under the influence. When a driver’s negligence leads to a fatality, they (or their insurance company) may be held liable for the loss. This is the primary source of responsibility in many car accident cases. In cases where the at-fault driver has been charged with a traffic or criminal violation, such as DUI or reckless driving, this information can bolster a wrongful death claim against them.

Commercial Entities

When a commercial vehicle, such as a delivery truck or a company car, is involved, the liability may extend to the driver’s employer. Employers may be held responsible under a legal principle known as “vicarious liability.” This means if an employee is acting within the scope of their employment and causes a fatal accident, their employer may share responsibility. This liability is particularly relevant in cases involving large trucks or rideshare services like Uber or Lyft, where both the driver and the company may have significant coverage for claims arising from wrongful deaths.

Vehicle Manufacturers

Sometimes, the cause of an accident may be due to a mechanical defect or manufacturing flaw in the vehicle itself. Issues such as brake failures, tire blowouts, or airbag malfunctions can lead to serious accidents. If a defective vehicle part or design is proven to have contributed to the fatality, the manufacturer of the vehicle or part could be liable. In these instances, attorneys would typically investigate recalls or known defects related to the vehicle in question to establish if the manufacturer failed to address a known safety issue.

Government Entities

Poorly maintained roads or hazardous road designs can also contribute to car accidents. In cases where factors like malfunctioning traffic signals, inadequate road signage, or dangerous road conditions (such as potholes or insufficient guardrails) contribute to an accident, a government entity may bear some responsibility. However, suing a government entity presents specific challenges, including shorter time limits to file a claim and often requires adherence to strict procedural rules. Nonetheless, if a public entity’s negligence played a role in a fatal accident, they could be pursued for damages.

Third Parties and Additional Defendants

In certain circumstances, a third party who is not directly involved in the accident may still bear some responsibility. For example, if a bar or restaurant serves alcohol to a visibly intoxicated person who then causes a fatal accident, the establishment could be held liable under “dram shop laws.” South Carolina has specific statutes regarding liability for alcohol providers, and Georgia has laws that cover both commercial and social hosts who serve alcohol to intoxicated individuals. These laws enable families to pursue justice from those who may have contributed indirectly to a fatal accident.

Leland Malchow

Attorney - Partner

Chris Johnson

Attorney - Partner

Dane Anderson

Associate Attorney

Bailey Marshall

Associate Attorney

Establishing a Wrongful Death Claim

Once potential defendants have been identified, the next step involves establishing a wrongful death claim. This process entails demonstrating that the responsible party acted negligently or recklessly, directly leading to the fatality. Essential elements of a wrongful death case include:

Duty of Care

The responsible party had a duty to exercise reasonable care to prevent harm. In car accident cases, this often applies to all drivers on the road, who are expected to follow traffic laws and drive safely.

Breach of Duty

The responsible party breached their duty of care through their actions or inaction. Examples of breaches include speeding, driving under the influence, or ignoring traffic signals.

Causation

The breach of duty must have directly caused the accident and resulting death. For example, if a driver runs a red light and strikes another vehicle, causing a fatality, the driver’s actions are the direct cause of the fatal outcome.

Damages

The family must show that they suffered losses due to the death, which may include financial support, emotional loss, and other non-economic damages.

In both Georgia and South Carolina, specific family members can file a wrongful death claim, generally limited to the spouse, children, or parents of the deceased. If there are no eligible family members, the executor of the deceased’s estate may file the claim on behalf of beneficiaries.

What Damages Can Be Recovered in a Fatal Car Accident?

The untimely death of a loved one often brings substantial financial strain in addition to emotional devastation. In a wrongful death claim, families may seek various types of damages:

Economic Damages

These include financial losses directly linked to the accident and the deceased’s passing. Economic damages encompass medical bills incurred before death, funeral and burial expenses, and the loss of the deceased’s financial contributions to the household. Economic damages may also include lost benefits, retirement savings, and other calculable losses.

Non-Economic Damages

Non-economic damages address the emotional impact of the loss. They may include compensation for pain and suffering, loss of companionship, and the emotional distress endured by surviving family members. Although it can be difficult to quantify these damages, they are a vital part of any wrongful death claim, as they attempt to address the deep emotional pain that comes from losing a loved one.

Punitive Damages

In cases where the responsible party’s actions were especially egregious, such as drunk driving or extreme recklessness, punitive damages may also be available. These damages are meant to punish the wrongdoer and deter similar behavior in the future. Punitive damages are often awarded in cases involving gross negligence or intentional misconduct and serve as a public statement against such actions.

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How an Attorney Can Help You Seek Justice

Pursuing a wrongful death claim involves navigating complex legal procedures, which can be overwhelming for families during a time of grief. Attorneys can provide valuable assistance by handling every aspect of the claim, from investigating the accident to negotiating with insurance companies and, if necessary, representing you in court.

Investigation

Attorneys conduct thorough investigations into the accident, gathering evidence from police reports, eyewitness accounts, and expert analysis. They may reconstruct the accident or work with forensic experts to understand all contributing factors.

Identifying Defendants

As outlined, multiple parties could be liable in a fatal car accident. Attorneys will work to identify all possible defendants and pursue claims against each of them to maximize the compensation for your family.

Negotiation

Insurance companies often attempt to minimize settlements or avoid paying altogether. Skilled attorneys can negotiate assertively with insurers to ensure your family receives fair compensation that accurately reflects the full extent of your loss.

Legal Representation

If a fair settlement cannot be reached, attorneys are prepared to take the case to trial. This allows your family to present the case to a judge or jury, who can hold the responsible parties accountable.

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Compassionate Legal Support for Families in Georgia and South Carolina

The sudden loss of a family member in a car accident can turn life upside down, leaving families with questions, financial challenges, and a profound sense of loss. If you are facing this difficult time, please know that you do not have to navigate it alone. At Nimmons Malchow Johnson Injury Lawyers, we are committed to providing families in Georgia and South Carolina with the legal support they need to pursue justice and hold those responsible accountable.

Our team is here to listen, provide guidance, and work tirelessly to help you find answers. While nothing can truly compensate for the loss of a loved one, we strive to secure fair compensation that reflects the value of the life lost and the impact of that loss on your family. When you’re ready, reach out to us. Let us help you honor your loved one’s memory by seeking the justice they deserve.