A New Haven Auto Accident Could Lead To A Wrongful Death Claim

December 18, 2023
Published by

It is our sincerest hope that when a New Haven auto accident does occur that all parties involved make it out of the crash with no injuries and property damage is the only thing that needs to be sorted out, but unfortunately this is not always how things come to pass. In many accidents that occur throughout the state there are injuries that happen to the drivers of the vehicles and sometimes even passengers who are involved in the incident. In more extreme cases there are deaths that occur as the result of one of these tragic events.

One of the more common situations that are being seen throughout the state and throughout the country right now is accidents that happen due to a driver who is distracted. One of the main distractions that is causing a lot of these accidents is texting while driving. If a driver is texting she/he is putting themselves at risk and other drivers and passengers are at risk around them. This can have devastating impacts on all those who are involved in any sort of accident that occurs as the result of this behavior.

Texting while driving is a common scenario that arises when we see accidents that result in the death of either the driver of a vehicle or a passenger that is along for the ride. In these tragic situations it is important to understand why a situation like this could rise to a wrongful death claim. When determining if the accident rises to that level it is important to review some of the other factors that are involved in the accident as well. When considering the fault of the driver who is texting some of the following criteria may be taking into account.

1.) Did the driver who was texting while driving run a red light which caused the accident?

2.) Was the driver who was texting while driving speeding at the time of the crash?

3.) Had the driver who was texting while driving broken any other significant traffic laws at the time of the crash?

When asking these questions of the driver who was found to be texting while driving, it can also be important to examine the behaviors of the other driver who was involved in the accident. If she/he was involved in any of these same behaviors it may mean that the liability for the accident is shared and it may not rise to the level of a wrongful death claim.

These types of scenarios can be quite challenging to make significant determinations about because it can be difficult to piece that accident back together to truly understand what happened in the first place. There are some tools that are available to those who are investigating the crash that can put the pieces together including witness statements, dash cam footage and traffic camera recordings that are all often used to give investigators a complete understanding of what happened and how when they are working to get a full picture of the crash.

If it is determined that the New Haven auto accident rises to the level of a situation where the deceased’s family can file a wrongful death claim there are a number of factors that are taken into account to determine what, if any, the settlement will be. Some of these factors include, but are not limited to, the following;

1.) The age and occupation of the person who died. When determining damages this is an important factor as it helps calculate the lost income and financial impact that this accident has had and will have in the future on the family.

2.) The position of the deceased in a family unit. If the deceased person was the primary breadwinner in a home, for instance, the claim for lost income becomes stronger.

3.) There is of course, an emotional toll that is laid on the shoulders of those who have survived the deceased person. This is considered a compensable damage.

There is nothing more tragic then an accident that leads to someone’s death and often families will not want to file a wrongful death claim because they don’t want to profit off of their loved ones death. However, it is important that in the event that this tragic situation were to happen to you and your family, that you are compensated financially so financial harm does not come to your family due to the negligence of someone else. This does not change your grieving process, but it will allow you to keep your family afloat financially, especially as you are going through one of the most difficult emotional times of your life.