There are roughly 3,700 fatal car crashes every day. That equates to 1.35 million every year across the globe. Survivors often face a great emotional struggle. This tragic situation is not a place that you want to be.
If you have found yourself in this position, you might be wondering what happens after you’ve been involved in a car accident resulting in death? This guide will help you understand what is ahead.
“At Fault” Driver and Criminal Charges
Car accidents can occur for several reasons. Sometimes that reason is that a driver was acting recklessly. If this is the case, the “at-fault” driver could face criminal charges. These charges are typically vehicular manslaughter.
All accidents are different so this may not always be the case. The local district attorney decides to charge a driver with criminal liability or not. There is a multitude of factors that go into deciding whether or not a driver is “criminally culpable.” These factors may also change depending on state and local laws.
Some of the more common factors are:
- Was the driver under the influence of drugs or alcohol? If yes, this will usually lead to criminal charges.
- Did the driver commit an egregious violation of driving rules? This could be road rage, speeding, or blatantly ignoring traffic laws. If yes, criminal charges are likely.
- Was the accident out of the control of the driver? This means there were conditions such as a mechanical failure or road conditions that played a factor in the accident. If yes, there will most likely not be criminal charges.
You may be asking now, what is the punishment for an accident like this? Again, this varies by state. Typically, on the first charge, a felony or a misdemeanor is possible and it may carry up to a 10-year prison sentence.
Civil Suits
The family of the deceased may take civil action and file a wrongful death lawsuit. This will allow the survivors to seek financial compensation. However, there must be someone to seek compensation from. This is not always the other driver involved in the fatal traffic accident.
Here are a couple of examples of when there is another party responsible for a fatal car wreck:
- Mechanical failures: A car part played a factor in the accident. Manufacturers may be responsible. Auto mechanics might also face legal liability.
- Over-serving alcohol: In the case of a drunk driving accident, restaurants and bars may be held responsible if they are found to have over-served someone who was visibly intoxicated.
- On the job: When a commercial vehicle is involved, employers could be held liable.
Insurance Rates
Insurance companies will typically raise coverage rates. This is because they have to pay for damages and lawsuits. However, some companies will not raise rates due to first accident forgiveness.
Having insurance coverage will be an incredible help if you’ve found yourself in the situation of a fatal car accident. No matter the damages, you’ll need to have a professional inspect your vehicle. CSI Collision Specialist can assist in repairs and assessments. You must have your car inspected after a collision to best assess damages.
Moving on From a Car Accident Resulting in Death
Being involved in a car accident resulting in death is a tough position no matter what role you play. Now that you know the basics, you’ll be better prepared for what is ahead. Keep in mind that every car accident is different.
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