When someone dies in a motor vehicle collision, people may see this as a tragic accident. However, this may be a wrongful death in some situations.
Texas has a set definition of wrongful death. According to Texas.gov, wrongful death occurs because of another’s person’s negligence. An unsafe condition that causes someone’s death may also be wrongful death. People may be liable if they should have known that their actions or a situation could cause an injury resulting in death.
Can a car crash cause a wrongful death?
A wrongful death may sometimes result from an accident. According to FindLaw, some car collisions occur because of negligence. Passing improperly, speeding or using a cellphone behind the wheel can endanger other drivers on the road. A driver who is under the influence of alcohol and drugs may also cause a crash.
Additionally, defects can cause an accident that results in someone’s death. There may be a defect in a car’s engine or some features of the road may be hazardous. Death may be wrongful if manufacturers and engineers knew these defects existed and could cause harm to people.
How do people know if a death is wrongful?
Although many car accidents result in death, not all of them may be wrongful. People usually have to demonstrate that their loved one’s death truly was wrongful. They may need to gather evidence proving that the road construction was hazardous or that a vehicle component was defective. People may also need to prove that the manufacturers were aware of these problems and did not take steps to fix them. If another driver caused the accident, people might need to demonstrate that negligence or recklessness caused the death.