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How does a car accident lead to wrongful death?

On Behalf of | Jun 17, 2022 | Car Accidents |

A loved one’s death is, by all means, a difficult experience. However, if that death is caused by another person or entity’s negligence, then you can file a wrongful death lawsuit against the liable party.

Wrongful death in an auto accident occurs when an accident victim is killed on the spot or sustains injuries that eventually claim their life due to someone else’s reckless actions.

Car accidents that can lead to death

Car accidents do not always lead to death. However, when the victim sustains injuries to the brain, neck, chest or soft tissues, then they may succumb if the injuries in question are undiagnosed and treated in time.

So when can a motorist face a wrongful death charge?

According to Ohio statute, the decedent’s spouse, children and surviving parents can file a wrongful death lawsuit. However, the decision to charge the negligent motorist with wrongful death lies with the prosecution’s assessment of the circumstances that lead to the accident. That said, here are instances when a motorist can be charged with wrongful death:

  • If the driver was operating the vehicle under the influence of alcohol or illegal substance at the time of the accident.
  • If the driver was reckless and deliberately ignored traffic rules. Of course, every motorist has a duty of care towards other road users. Thus, if the driver’s recklessness resulted in a fatal accident, then they may be charged with wrongful death.

Other instances when the driver can be charged with wrongful death include:

  • Driving without a valid driver’s license
  • Distracted driving

A loved one’s death is incredibly difficult to cope with, especially if that death was preventable. If you lose a loved one due to someone else’s reckless actions, the law allows you to file a wrongful death lawsuit against the liable party.

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