Fatal Car Accidents: How to File a Claim After a Deadly Crash

Fatal car accidents are among the most devastating events that occur on our roadways. These tragic incidents not only claim lives but also leave families and communities grappling with immense grief and financial burdens.

Morgan & Morgan understands how a loved one being injured in a severe accident can be deeply upsetting and shocking. In fact, our law firm was founded due to that very experience—when John Morgan’s brother suffered life-altering injuries due to a company’s negligence.

If someone else is responsible for a tragic accident, you could hold them accountable and recover damages—and Morgan & Morgan can help. Our compassionate car accident lawyers can be here for you and guide you through the legal process. Contact us today to find out more in a free case review.

The Scope of the Problem

According to data from the National Highway Traffic Safety Administration (NHTSA), over 40,000 people lose their lives in motor vehicle crashes annually in the United States. These fatalities occur in urban and rural settings, on highways, and even on residential streets. While fatal accidents can affect anyone, certain demographics—such as young drivers and motorcyclists—are at higher risk.

Common Causes of Fatal Car Accidents

Understanding the causes of fatal car accidents is essential for prevention and accountability. The most common factors include:

• Distracted Driving
  • Texting, talking on the phone, eating, or other activities that divert attention from the road contribute to a significant percentage of fatal crashes.
• Driving Under the Influence
  • Alcohol and drug impairment reduce reaction times and decision-making abilities, leading to catastrophic outcomes.
• Speeding
  • Excessive speed reduces the time available to react to hazards and increases the severity of collisions.
• Reckless Driving
  • Aggressive behaviors such as tailgating, weaving between lanes, and running red lights are dangerous.
• Weather Conditions
  • Rain, snow, fog, and ice can create hazardous driving conditions that require extra caution.
• Vehicle Malfunctions
  • Tire blowouts, brake failures, and other mechanical issues can lead to accidents.
• Poor Road Conditions
  • Potholes, insufficient signage, and poorly designed intersections can also contribute to fatalities.

The Deadliest Types of Car Accidents

According to the National Highway Traffic Safety Administration (NHTSA), death rates in accidents have drastically increased in recent years, with almost 43,000 individuals dying in crashes in 2021. However, while many different types of car accidents exist, some are more deadly than others. 

Head-on Collisions

Head-on collisions, while a rarer type of crash, are often deadly. According to the Insurance Information Institute (III), the death rate in head-on accidents is higher than in more common crashes such as rear-end or sideswipe accidents.

Head-on accidents typically happen when a driver crosses the opposing traffic lane or is driving the wrong way down a one-way street. Such collisions can cause injuries even at low speeds. However, they are particularly dangerous when they occur on highways and at high speeds, potentially leading to catastrophic and fatal injuries.

T-Bone Accidents

T-bone accidents occur when one vehicle collides with the side of another vehicle, forming a T-shape. Such accidents can happen when drivers run red lights or fail to yield to oncoming traffic. T-bone accidents can be particularly deadly for passengers on the side of the vehicle impacted and can result in significant injuries or death.

Rollover Accidents

In rollover accidents, a vehicle flips over onto its side or roof. This type of accident can be caused by several factors, such as:

• Sharp turns at high speeds
• Hitting an obstacle or curb
• Improperly loaded cargo
• Oversteering

Rollover car accidents can have a high death rate, especially if car occupants are not wearing seatbelts, as they could be thrown from the vehicle or crushed by the car’s weight.

Rear-end Collisions

Rear-end collisions are relatively common and typically occur when a driver hits the back of another vehicle and can be caused by distracted driving or following too closely. While rear-end crashes may not always be deadly, they can cause significant injuries and, occasionally, deaths.

Single-Vehicle Crashes

Single-vehicle crashes involve only one vehicle and can occur due to the following:

• Driver error
• Inexperience
• Tire blowouts
• Hitting an object on the road
• Poor road design or maintenance

Single-vehicle car accident death rates can be high, especially if the vehicle collides with a fixed object such as a tree or utility pole.

Impact on Families

The loss of a loved one in a car accident brings profound emotional and financial consequences. Families often face:

• Funeral and Burial Costs: These expenses can range from $7,000 to $15,000 or more.
• Loss of Income: When the deceased was a primary breadwinner, families may struggle to make ends meet.
• Emotional Trauma: The grief and psychological toll can lead to depression, anxiety, and other mental health challenges.
• Medical Bills: If the victim received emergency care before passing, families may be left with significant medical debt.

Legal Recourse for Families

Families who lose a loved one in a fatal car accident may be entitled to compensation through a wrongful death lawsuit. This legal action seeks to hold responsible parties accountable and provide financial relief for the family’s losses.

Who Can File a Wrongful Death Claim?

In most states, close family members such as spouses, children, and parents have the right to file a claim.

Types of Compensation

Economic Damages: These include medical bills, funeral costs, and loss of income.

Non-Economic Damages: Compensation for pain and suffering, loss of companionship, and emotional distress.

Punitive Damages: In cases of gross negligence, courts may award punitive damages to punish the at-fault party.

Proving Fault

To succeed in a wrongful death claim, the plaintiff must demonstrate that the defendant’s negligence or misconduct directly caused the fatal accident. This often involves gathering evidence, such as police reports, witness statements, and surveillance footage can establish the facts.

Accident reconstruction specialists may also be called upon to analyze the incident.

It is important to note that families must act promptly, as each state has a time limit for filing wrongful death claims, known as the statute of limitations. This period typically ranges from one to three years. An attorney can help you to ensure that you file correctly and on time.

Morgan & Morgan Is Here to Help

Navigating the legal system after a fatal car accident is complex and emotionally taxing. An experienced attorney can evaluate your case and determine the viability of a wrongful death claim. Morgan & Morgan’s legal team can also collect evidence and work with investigators and experts to build a strong case.

If you work with our firm, we can negotiate with the insurance companies to help ensure your family receives fair compensation or even represent you in court if a fair settlement can’t be reached.

Fatal car accidents are a heartbreaking reality that leaves lasting scars on families and communities. At Morgan & Morgan, we are committed to supporting families during their most challenging times. Our experienced attorneys are here to guide you through the legal process, ensuring that your loved one’s memory is honored and your family’s needs are met. 

If you’ve lost a loved one in a fatal car accident, don’t hesitate to reach out for a free case evaluation. 

Frequently Asked Questions

How can I prevent getting involved in a deadly car accident?

While we cannot influence other drivers’ actions, many car crashes are potentially preventable. Taking the following action and driving behaviors can help you to stay safe:

• Drive defensively
• Always wear a seatbelt
• Follow traffic laws
• Avoid distractions such as texting or talking on the phone
• Obey speed limits
• Refrain from driving under the influence of drugs or alcohol
• Maintain your vehicle well
• Always be aware of your surroundings

By practicing these habits, you can significantly reduce the risk of being involved in a deadly car crash.

Can I file a wrongful death claim after my loved one dies in an accident?

If your loved one passed away due to another driver or another party’s carelessness or recklessness, you could file a wrongful death lawsuit and pursue compensation. Family members are often shocked when they lose a loved one in a crash and only later discover the financial implications of losing their loved one’s income, benefits, and services. However, a wrongful death lawsuit allows you to recover various damages, which could include:

• Funeral and burial expenses
• Medical costs before your relative passed
• Loss of income, benefits, and inheritance  
• Loss of services, such as housework, childcare, etc.
• Loss of companionship (spouse)
• Loss of parental guidance (children)

You could be entitled to additional or other damages, depending on your case’s circumstances and state laws.

How do you determine fault in a deadly car crash?

You could qualify for compensation if another caused your crash or your loved one’s death. However, to receive an insurance settlement or prevail in a lawsuit, you have to prove the fault of the responsible party with compelling evidence.

Many fatal accidents occur due to other drivers not operating their cars with due care and attention. Proving fault includes showing that the other party’s negligence or recklessness caused or contributed to the accident. Common ways to determine and prove fault can consist of:

• Physical evidence, such as photos of the accident scene and car damage
• Witness statements detailing the accident’s events
• Traffic citations, such as for speeding or running a red light

An experienced and tenacious car accident lawyer at Morgan & Morgan can help you prove the responsible party’s negligence in your crash.

How long can I file a lawsuit after a fatal accident?

The time limit for filing a lawsuit after a deadly car crash, known as the statute of limitations, varies depending on your state and the type of lawsuit you intend to file.

In general, if the family members of a deceased victim wish to file a wrongful death lawsuit against the driver or other parties responsible for the crash, they must do so within the specified time frame. They may lose their right to seek compensation if they miss the deadline.

While the time limit may be extended in certain circumstances, it could also be shortened, depending on the facts of a claim. Therefore, consulting with an experienced car accident attorney as soon as possible after a deadly car crash can be critical for recovering what you deserve.

An experienced attorney can assist you in filing your claim correctly and on time. Contact Morgan & Morgan today to learn more.