Fatal Car Accidents
Car accidents are always difficult for victims, but they are particularly devastating for a family when a victim loses his or her life as a result of another driver’s carelessness or recklessness. There is no amount of money that could repair the damage and grief that your family has experienced after losing a loved one so suddenly, but many survivors find comfort in knowing that the wrongdoer can be held accountable in a civil action for the injuries that he or she caused. At Olsinski Law Firm, our Charlotte and Concord car accident lawyers serve North Carolina residents who have lost loved ones in fatal car accidents. We can handle all of the aspects of the claim, from collecting evidence to negotiating with insurance companies and pursuing litigation.Fatal Car Accident Claims in North Carolina
There are countless ways that fatal car accidents can occur, especially in the major metropolitan areas of North Carolina on highways like I-540, I-440, and I-40. There are a number of other roads in the state that experience heavy traffic, including Highway 401 and Highway 70. When people travel at high speeds, accidents are often more severe and may result in catastrophic injuries. Periods of severe weather or rush hour traffic are particularly likely to produce fatal accidents.
One of the biggest culprits for fatal car accidents is distracted driving. This is a term used to refer to any activity that takes the driver’s attention away from the road. Cell phone use is one of the biggest distracted driving activities. Drivers may text, make phone calls, check email, or even surf the web while they are driving at high speeds. Studies have shown that it only takes a few seconds of inattention for driving conditions to change and that distracted drivers simply cannot react in time to avoid a collision.
Another leading cause of fatal car crashes is intoxicated driving. Many people mistakenly believe that a drunk driving accident involves an individual who was extremely intoxicated, but a drunk driving accident can occur when the at-fault driver has only had a few drinks. Alcohol can impair drivers’ motor skills and response times even at moderate levels.Seeking Compensation Following a Fatal Car Accident
Surviving family members of victims have a right to seek compensation from the person who caused the accident to happen. The representative of the decedent’s estate can bring a wrongful death claim on behalf of the decedent to recover compensation for things like medical expenses, funeral expenses, and burial expenses. Surviving family members will also be able to seek compensation for the loss of their loved one’s companionship, love, and support.
It is important to note that North Carolina has adopted the pure contributory negligence approach to personal injury claims. Under this theory, the defendant can offer evidence to show that the victim was also negligent at the time of the crash and that this negligence contributed to his or her death. If the defendant is successful in offering this type of evidence, the plaintiff will be barred from recovering any compensation. Examples of contributory negligence could include speeding, improper lane changes, or using a cell phone behind the wheel.
To prevail in the lawsuit, a wrongful death attorney will need to prove that the defendant owed the decedent a duty and that he or she failed to act according to that duty at the time of the accident, resulting in the decedent’s death. When it comes to driving, each motorist has a duty to use reasonable care and skill when behind the wheel, similar to how a prudent driver would act if faced with the same conditions.Retain a Knowledgeable Car Accident Lawyer in Concord or Charlotte
At Olsinski Law Firm, we proudly assist families with seeking justice and closure after the loss of a loved one in a fatal car accident. While you cope with the stress of the situation, we will ensure that your legal rights are protected. We serve families throughout Mecklenburg and Cabarrus Counties, including in Charlotte, Concord, Huntersville, Matthews, Mint Hill, Cornelius, Davidson, Pineville, Kannapolis, Harrisburg, Midland, and Mount Pleasant. To schedule a free consultation, call our Charlotte office at 704-405-2580 or our Concord office at 704-918-4747, or contact us online.