Wrongful death cases are based on a family member’s death caused by someone else’s negligent or intentional act. Although a one-vehicle accident probably was the driver’s fault, we might never know without additional information. Depending on the location of the crash, information that could be retrieved from the car, evidence gathered from the vehicle damage, and any surveillance cameras in the area, there may be a basis for a wrongful death case.
What Evidence Might Be Used?
There are many potential sources. We need to check them all because we never know what we might find:
- Police report: It may contain a detailed description of what happened and the cause. The officer writing it may have spoken to witnesses or accessed nearby security cameras. If a crime was involved, if there wasn’t an arrest, there may at least be a description of another vehicle
- Physical evidence: This can be skid marks, damage to nearby objects, other vehicles, or the one the person was driving. To find a potentially defective part as the reason, the car may need to be partially or totally dismantled, with critical pieces being tested
- Witnesses: Others’ accounts of what happened may be critical. They may be able to discuss the driving conditions, how the person was driving, whether they collided with another vehicle due to road rage or it was a hit-and-run
- Autopsy: A pathologist can examine the body and give an expert opinion of the cause of the person’s death. How that happened may help us determine how the accident happened
- Data from the vehicle: Modern vehicles contain computers, sensors, microphones, and cameras. They may show the speed and direction of the car, what it was doing right before the accident, its location, and video of what was around it before the accident. An equipment malfunction may be spotted by the computer, or at least evidence that a failure occurred before the accident
- Expert opinion: A professional accident reconstructionist will put all the evidence together and do their testing to come up with an opinion as to why the accident happened and possibly who’s responsible
Evidence is the foundation of any wrongful death case. There’s no case without sufficient evidence showing how and why the accident happened and who’s responsible.
Poor Road Conditions?
We need to find out where the accident happened and the road conditions. If the accident was caused by poor traction, the reason may be poor design or maintenance by the state or local agency responsible for the roads.
The road may have been designed or constructed poorly, so water never fully drained off it, resulting in ice on the road. Additionally, the maintenance of nearby storm drains may have been ignored.
If we find several past accidents in the area for similar reasons, the agency should be on notice there’s a problem. If it failed to act reasonably to prevent additional accidents, they may be liable due to their negligence.
Were They in a Hit-and-Run Accident?
Is there damage consistent with another vehicle hitting it? Another driver may have accidentally struck the victim’s car, causing a fatal accident, and left the scene. If police can find the driver, there may be a basis for filing a lawsuit or an insurance claim with the deceased’s carrier if they had uninsured motorist coverage.
Was the Car Defective?
We can investigate whether a mechanical failure caused the accident. The make and model may have a history of defective parts or recalls showing that the vehicle was unsafe and a part failure caused the person’s death. This would require a thorough accident reconstruction effort, including dismantling what’s left of the car.
Was the Driver Drunk When the Crash Happened?
Under Kentucky’s Dram Shop Act, if someone licensed to sell alcohol negligently does so (the customer is underage or appears to be drunk, but they serve them anyway) and the person is killed in a vehicle accident, that person or business may be held accountable. If it’s a social occasion and not at a place licensed to sell alcohol, this “social responsibility” would probably only apply if the person drinking is younger than 21.
Was the Car Intentionally Hit?
There may be evidence someone struck their vehicle on purpose. This may have been an act of domestic violence or road rage. Witnesses may have seen what happened. Nearby security cameras may have recorded it. The police may have gotten reports of a chase or the crash and later found the other vehicle involved.
Contact Us Today
The Fleck Firm is here to help you, whether you’re a surviving family member or a personal representative of an estate of someone fatally injured by an intentional or negligent act, call The Fleck Firm at (270) 446-7000 or use our online contact form today. Remember, Insurance companies have lawyers. You should have one, too.
