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How is fault proven when a driver dies in a crash?

On Behalf of | Jan 28, 2019 | Motor Vehicle Accidents, Wrongful Death |

Deadly car accidents are devastating for those who are left behind. In many cases, the loss of life was preventable. Negligence such as speeding, drinking or distracted driving can end the lives of innocent victims. People who have lost loved ones in accidents can gain a small sense of justice through the claims process. Unfortunately, it can be difficult to determine fault in these situations. 

Deadly accident investigations go through the same steps as other accident investigations to show who is at fault and to file a claim with the appropriate insurance agency. The same process must take place if you want to sue the other party for losses in a wrongful death claim.

What happens after a fatal crash?

After any crash involving injuries or fatalities, the police must come to the scene. Emergency teams will arrive to take the injured and deceased to the hospital or morgue. An investigative team will also come to take photos of the scene and set aside evidence they find that could explain who caused the collision.

Witness statements are taken if witnesses are present at the scene. Their input about what happened can better describe the situation and help the police determine fault. For example, if a witness says that they saw the other vehicle speeding before it cut the victim off in traffic, that will help your case for compensation. It shows that the other driver was behaving recklessly and put the victim in a position where they had no chance to avoid a collision.

The police will discuss the crash with the other driver and any passengers. Keep in mind that those in the vehicle with the other driver may do what they can to alter the story or have an opinion on what the victim did wrong, but if all other evidence points to them being at fault, that’s what the police will conclude in the end.

While compensation will never make up for the loss of a loved one, it can bring some normalcy back into the lives of family members. 


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