Can You Sue When The At-Fault Driver Died? What You Need To Know

Law Blog

Car accidents can be traumatic and devastating, especially if they result in injuries or fatalities. If you've been involved in a car accident and the at-fault driver died in the accident, you may be wondering if you can still sue for damages. The answer is that it depends on a variety of factors. Here is what you need to know.

The State Where the Accident Occurred

One of the key factors that will determine whether you can sue for damages is the state in which the accident occurred. Different states have different laws regarding wrongful death claims and personal injury lawsuits. In some states, you may be able to file a lawsuit against the at-fault driver's estate or insurance company, while in other states, your options may be more limited. It's important to consult with an experienced personal injury attorney in your state to understand your legal rights and options.

The Circumstances of the Accident

Another important factor to consider is the circumstances of the accident. If the at-fault driver was clearly responsible for causing the accident, such as by running a red light or driving under the influence of drugs or alcohol, you may have a stronger case for suing for damages. However, if the accident was caused by factors outside of the at-fault driver's control, such as bad weather or a mechanical failure, your case may be more difficult to prove.

The Relationship to the Driver

Your relationship with the at-fault driver is also important to consider. If you were a passenger in the at-fault driver's vehicle, you may have a strong case for suing for damages, especially if you were injured in the accident. If you were a pedestrian or another driver who was hit by the at-fault driver, you may also have grounds for a lawsuit, but your case may be more complex.

The Timeliness of Your Claim

In general, if you are considering suing for damages after a car accident where the at-fault driver died, it's important to act quickly. Evidence can disappear quickly after an accident, and witnesses may forget important details over time. Working with an experienced personal injury attorney can help ensure that you have the best chance of success in your case.

If you are considering suing for damages, it's important to consult with an experienced personal injury attorney who can help you understand your legal rights and options and work to build a strong case on your behalf. Click here for more info on auto accident law, or contact a professional near you.


23 March 2023

Choosing To Fight

Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.