Understanding Car Accident Wrongful Death Law
Our area has been rocked by a recent streak of fatal car accidents. Recent Malloy News Briefs have covered a pair of fatal crashes in Prince George’s County, a pedestrian-involved crash on Rockville Pike, and a collision in Germantown involving a stolen car driven by a thirteen year-old. Our hearts go out to all the victims of these tragic incidents. It really can never be stated in strong enough terms that driving should always be approached with the utmost seriousness and regard for the safety of all who share our roads. A single slip can turn fatal in almost an instant. In the unfortunate event that it does, you are dealing with one of the most severe and serious varieties of civil law; wrongful death. Today’s Malloy Law blog post will arm our readers with the knowledge necessary to navigate car accident wrongful death law.
What Exactly is “Wrongful Death?”
The first and most important thing to understand about wrongful death is that it is a concept unique to civil law. Civil law can be understood a framework for resolving disputes between individuals, businesses, or other institutions. It’s separate and distinct from criminal law, and civil law cases can overlap with criminal law. Car accident wrongful death is one of the best examples of how this can occur. In all but the most extreme cases, taking a human life will always violate criminal law, most often leading to murder or manslaughter charges, all of which have their own unique quirks and can vary in severity. Criminal charges do not preclude the family of a wrongfully deceased person from seeking compensation from the negligent party.
How to Prove Car Accident Wrongful Death
In a wrongful death case, the deceased’s family must demonstrate negligence to the same degree as the deceased would have been obligated to prove it if they had lived. In essence, the surviving family has the right to present the case on behalf of their departed loved one. They must exhibit:
- The deceased victim was owed a duty of care by the defendant (the person accountable for the death).
- That duty of care was violated by the defendant.
- The victim’s death was primarily and directly caused by that duty violation.
- The remaining family suffered material (usually financial) losses as a result of the victim’s passing.
Who Can File a Wrongful Death Claim
In Maryland, a wrongfully deceased person’s parents, children, and spouse may file a wrongful death lawsuit to recover damages for lost income as a result of the victim’s premature departure. Cousins or relatives by marriage may be able to launch a wrongful death claim if there are no relatives in these categories. These more distant relatives will need to prove that they were financially dependent on the deceased. For a claim to be successful, this is absolutely necessary.
Common Causes of Car Accident Wrongful Death
Some of the most common causes of car crashes are also some of the most common causes of wrongful death accidents. These behaviors not only raise the odds of personal fatality, they tear apart families and communities. We urge our readers in the strongest possible terms to avoid the following negligent behaviors while behind the wheel:
- Drunk or otherwise chemically impaired driving
- Speeding
- Street Racing
- “Joy Riding”
- Road Rage
How Malloy Law Can Help
If a member of your family has been killed in a car accident, Malloy Law can help. Our experienced team of attorneys and dedicated staff are here to win the compensation you are entitled to and support you through this difficult, senseless time. Don’t wait to seek compensation. Contact Malloy Law today to get started.