What to do if a Loved One is Lost in a Fatal Auto Accident
Dealing with a loved one’s death after a tragic accident is an incredibly difficult experience. Not only are you grieving the loss of someone dear to you, but a fatal accident frequently leads to practical and legal matters that need to be addressed. A sudden death can leave family members in financial trouble for both the short and long term.
If you have lost one or more family members in a car crash, you may be able to seek compensation through a wrongful death suit. The experienced and compassionate car accident attorneys at Fran Haasch Law Group Accident & Injury Lawyers will be there every step of the way to help the victim’s surviving family members navigate taking wrongful death action. After reading this article, get in touch to set up a free consultation.
Deadly car accidents in Florida
Accidents reported in Florida each year are staggering. In 2024, there were over 380,000 crashes in the state resulting in nearly 3,100 deaths. These fatalities can occur for a variety of reasons such as speeding, distracted driving, or driving under the influence. Take a look at the Florida Highway Safety and Motor Vehicles Crash Dashboard for more recent information on car accidents and fatalities.
Common causes of fatal accidents in Florida
Careless or Reckless driving
Reckless driving remains one of the leading causes of fatal car accidents. This includes behaviors such as excessive speeding, aggressive lane changing, tailgating, and ignoring traffic signals. Drivers who engage in reckless practices significantly increase the risk of collisions, putting themselves and others on the road in danger.
Driving under the influence
Driving under the influence of alcohol or drugs is another major contributing factor to car accident fatalities. Impaired drivers experience reduced reaction times, impaired judgment, and diminished coordination, which can lead to catastrophic outcomes. Florida law takes DUI offenses seriously, but despite these strict measures, many tragic accidents occur each year due to impaired driving.
Distracted driving
Distracted driving has become a growing epidemic, particularly with the increasing prevalence of mobile devices. Actions like texting, making calls, or even adjusting in-car settings divert attention away from the road, often resulting in devastating crashes. Unfortunately, distracted driving accounts for numerous preventable fatalities annually.
Negligent driver
Negligence behind the wheel is one of the most common contributors to fatal car accidents. This occurs when a driver fails to exercise reasonable care, such as ignoring traffic laws, failing to yield the right of way, or driving while fatigued. Negligent drivers endanger not only their own lives but also the lives of everyone sharing the road. Victims and their families affected by negligence may have grounds to seek justice and compensation for the harm caused. Holding these drivers accountable is critical in promoting safer driving behaviors and preventing future tragedies.
Poor weather conditions
Weather-related car accidents are also common in Florida, with rain, fog, and slippery roads creating hazardous driving conditions. Drivers who fail to adjust their speed and approach during poor weather often contribute to car accidents that could have been avoided.
Each of these causes highlights the importance of vigilance and responsibility behind the wheel. By understanding and addressing these factors, we can work towards reducing the number of car accident fatalities and ensuring safer roads for everyone.
Mechanical failure
Mechanical issues, such as brake failure, tire blowouts, or engine malfunctions, can also lead to fatal car accidents. These failures often stem from inadequate vehicle maintenance or manufacturing defects. Drivers are responsible for ensuring their vehicles are properly serviced and roadworthy. However, in cases where a defect is caused by the manufacturer, legal accountability may rest with the automaker. Routine inspections and timely repairs play an essential role in preventing mechanical failures that could result in tragic accidents.
Causes of Fatal Car Accidents in Florida
Fatal car accidents in Florida can occur for a variety of reasons, many of which are preventable. Speeding, distracted driving, and driving under the influence of drugs or alcohol are among the most common causes of these tragic events. Additionally, poor road conditions, inclement weather, or mechanical defects can play a role in creating dangerous situations on the road. Understanding these factors is crucial when pursuing a wrongful death claim, as identifying negligence or fault is a key component in seeking justice for your loved one’s untimely passing. At Fran Haasch Law Group Accident & Injury Lawyers, we have the knowledge and resources to thoroughly investigate the circumstances of your case and hold the responsible parties accountable.
First steps after a fatal accident
The best thing anyone can do after a car accident is stay calm. If you’ve lost a family member, this may seem impossible. However, staying calm and focused is crucial for handling the situation effectively. Share this information with all drivers in your family so they may be prepared should the worst occur.
Notify Authorities
Your first move should always be to call 911. They will dispatch medical help and first responders to secure the scene for further investigation. Stay on the line with the dispatcher until arrives.
It is crucial not to tamper with the scene as any changes could affect the outcome of an investigation and potential legal action. Law enforcement needs to gather information from witnesses and take photos of the accident before anything is moved.
Seek medical attention
Even if you were not physically injured in the accident, it is important to seek medical attention. Emotional shock and stress can sometimes mask underlying injuries, which might appear later. Additionally, if you were present at the scene, having medical documentation ensures there is a record of any potential injuries for future reference. This is especially critical for any legal proceedings.
Gather Evidence at the Scene
If you are able to, collect as much evidence as possible at the accident site. This can include taking photos of the vehicles, road conditions, and any visible damage or debris. Speak to witnesses and ask for their contact information, as their statements could be invaluable for your case. Do not forget to obtain the names and badge numbers of the responding officers, as their accident reports will play a major role in any legal or insurance claims filed afterward. Having thorough documentation strengthens your case and ensures you have the necessary information to proceed confidently.
Contact Family and Friends
After notifying authorities and seeking medical attention, it is essential to reach out to family and friends. Losing a loved one in a car accident can be traumatizing, and having the support of others can help cope with the loss.
Contact an Experienced Car Accident Attorney
As mentioned earlier, if you have lost a loved one in a car accident, you may be able to seek compensation through a wrongful death suit. This type of legal action can provide financial support for funeral expenses, medical bills, and loss of income.
However, navigating the legal process on top of dealing with grief can be overwhelming. That’s why contacting an experienced attorney specializing in wrongful death cases is crucial. They will handle all legal matters and fight for your rights while
Wrongful Death Lawsuits After a Fatal Accident
Wrongful death lawsuits serve as a legal avenue for families to seek justice and financial compensation after losing a loved one in a preventable accident. These cases are intended to hold the negligent parties responsible for their actions, whether it’s a reckless driver, a manufacturer with defective products, or a third party that contributed to hazardous conditions. Filing a wrongful death claim not only provides financial relief for expenses such as funeral costs, medical bills, and lost income but also creates accountability, potentially preventing similar tragedies in the future.
Who Can File a Wrongful Death Suit?
Under Florida law, only certain individuals are eligible to file a wrongful death claim. Generally, this includes the personal representative of the deceased’s estate on behalf of surviving family members, such as a spouse, children, or dependent parents. The compensation awarded in these cases is typically distributed according to the losses each family member has suffered, encompassing both economic and emotional damages. Determining eligibility and the extent of damages can be complex, which is why consulting an attorney with experience in wrongful death cases is essential for guidance through the process.
Statute of Limitations in Florida
It is important to act swiftly when pursuing a wrongful death suit, as Florida imposes a strict statute of limitations. Families typically have two years from the date of death to file a claim, though there are exceptions in specific circumstances, such as cases involving intentional harm or concealed evidence. Missing this deadline forecloses your ability to seek damages, making early consultation with an attorney vital. At Fran Haasch Law Group Accident & Injury Lawyers, we prioritize urgency without sacrificing a thorough review of your case, ensuring all necessary steps are taken within the required timeframe.
What is the Liability of the At-Fault Driver in a Car Accident Fatality?
If another driver’s negligence caused the accident, their insurance company is responsible for compensating the surviving family members for damages. Additionally, if the at-fault driver has bodily injury liability coverage, their insurance company may also be liable for damages such as pain and suffering or loss of consortium.
Manufacturer Liability
Mechanical failures can also contribute to fatal accidents. If a defect in the vehicle or its parts played a role in causing the accident, it may be possible to hold the manufacturer responsible. Speak to an attorney about seeking compensation through a wrongful death settlement.
Wrongful Death Compensation
Compensation in wrongful death cases is designed to address the financial and emotional losses suffered by the surviving family members. This includes economic damages, such as medical expenses incurred before the loved one’s passing, funeral and burial costs, and the loss of income and benefits that the deceased would have provided, as well as non-economic damages. Non-economic damages can cover intangible losses, including pain and suffering, loss of companionship, guidance, protection, and emotional distress.
The jury considers multiple factors when determining the extent of compensation, including the age of the deceased, their earning potential, their contributions to the household, and the specific relationship between the deceased and the claimant. Each case is distinct, so experienced legal representation is essential to vigorously advocate for fair and comprehensive compensation.
While no amount of compensation can replace the life lost, holding negligent parties accountable can offer a sense of closure and the critical resources needed to rebuild your future. If you are facing this heartbreaking situation after a car accident, reach out to experienced wrongful death attorneys for support and guidance.
Fran Haasch Law Group Accident & Injury Lawyers – Wrongful Death Attorneys
At Fran Haasch Law Group Accident & Injury Lawyers, our dedicated attorneys understand the profound impact a wrongful death can have on a family. That’s why we approach each case with the utmost professionalism and compassion while remaining focused on achieving results. We thoroughly investigate the circumstances surrounding your loved one’s death to identify liable parties, gather critical evidence, and build a solid case. From negotiating with insurance companies to litigating in court if necessary, we are committed to fighting for the justice and compensation you deserve.
Contact our offices to set up a free consultation. We’ll walk through the details of the car accident with you, and review all available information to assess the potential compensation amount.
