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Fatal Crash on Highway
Nobody can prepare you for the shock of learning that a loved one died in a fatal crash on the highway. Morgan & Morgan understands that losing a loved one in such an unexpected and traumatic way can feel highly distressing. While no compensation could ever replace your loss, receiving a settlement can help you avert financial hardship and help you go on with your day-to-day life.
You do not have to endure this painful time without support and a helping hand. Morgan & Morgan can assess the impact of your bereavement, calculate your losses, and fight for what you deserve. Our car accident lawyers can offer you a shoulder to lean on and pursue justice at a pace that feels right to you. Contact us to find out about your legal options in a free case evaluation.
Causes of Fatal Highway Accidents
According to the National Highway Traffic Safety Administration (NHTSA), almost 39,000 individuals died in fatal crashes in 2020 alone, with 29 percent of these fatalities due to speeding. Driver impairment also played a significant role in crashes that year, with 10,598 individuals fatally injured in alcohol-related accidents.
Other driver-related crash causes include the following negligent behaviors:
- Distracted driving
- Driving while fatigued
- Failure to yield
- Tailgating
- Ignoring traffic signals
- Driving generally dangerously
Not all fatal highway crashes occur due to driver errors or recklessness. Sometimes, an accident happens on a poorly designed or badly maintained highway. In others, a vehicle defect may contribute to or cause a crash.
However, if another caused your loved one’s crash and death, for example, by driving drunk or speeding, they could be liable for your losses. Morgan & Morgan can engage professional accident investigators to analyze your loved one’s fatal car accident and discover whether you qualify for legal recourse against a driver, local government entity, or vehicle manufacturer.
You Could Have a Wrongful Death Claim
If your parent, spouse, or another close relative died due to another’s negligence in a fatal crash on a highway, you should speak to a Morgan & Morgan wrongful death lawyer as soon as possible. You could have a wrongful death claim and recover compensation.
Proving Negligence
To qualify for damages, the plaintiffs (those bringing the lawsuit) must prove that the other driver or another party is responsible for the crash. A car accident lawyer at Morgan & Morgan could help you gather the necessary evidence proving another’s fault, such as:
- Police reports
- Photographs of the crash scene and vehicles
- Traffic and surveillance camera footage
- Reports from professional accident investigators
- Witness statements
- Medical and autopsy records
In addition to proving liability, we can also work closely with you to document the impacts your loved one’s death has on the family, such as:
- Financial losses
- Loss of services from your loved one
- Future expected economic losses
- Your grief and emotional distress
Collecting comprehensive evidence of the accident and your damages allows us to fight for maximum compensation.
Damages You Could Recover
Losing a loved one tragically and unexpectedly can result in financial chaos for the whole family. Filing a wrongful death claim can allow you to sue the responsible party and pursue the following damages:
Loss of Income
If your loved one provided income support for the family, you could be entitled to reimbursement of any lost wages and future expected income your loved one would have contributed to the household had they survived. You may also be entitled to any benefits your loved one provided to the family with their employment, such as health insurance.
Loss of Services
If your wrongful death lawsuit is successful, you could receive compensation for loss of services from the decedent, such as:
- Housework
- Yardwork
- Childcare
Loss of Consortium
The decedent’s spouse can typically pursue damages for loss of companionship and protection. Minor children could qualify for loss of parental instruction and guidance.
Depending on your state laws, you could also recover other damages, such as your loved one’s pre-death medical costs, funeral and burial expenses, and more.
The Time to File a Wrongful Death Claim Is Limited
Depending on where you live and the facts of your case, you may have only limited time to file a claim. Once the statute of limitations in your state expires, your case will most likely get thrown out, leaving you without the hope of ever recovering compensation. Therefore, getting prompt legal advice can be crucial when your loved one is killed in a fatal crash on the highway.
Your Next Best Steps When a Loved One Dies in a Fatal Crash
Knowing what to do next can be challenging when your loved one unexpectedly dies in a car accident. Some important steps can include:
- Contact a personal injury attorney to learn about your rights
- Manage your loved one’s estate and last wishes
- Notify the insurance companies of the accident and death (your loved one’s insurer and the insurance company of the at-fault party)
- Consider filing a wrongful death lawsuit
At Morgan & Morgan, we do not want you to face the complex process of getting justice and compensation without assistance. We could help you with all aspects of your legal claim and pursue the compensation you deserve. If an insurer refuses a fair settlement, we can file a wrongful death lawsuit on your behalf and fight them vigorously at trial, if necessary.
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Why File a Wrongful Death Claim After a Fatal Crash on the Highway?
If your spouse, life partner, or close relative passes away, adjusting to life without them can be challenging in so many ways. However, if you or your family relied on your loved one’s income, you may experience a particularly tricky and stressful situation now.
Morgan & Morgan understands that you have a lot on your plate when a loved one passes and may hesitate to file a lawsuit. However, a wrongful death claim can allow you to recover compensation for the death of a loved one and for the financial contribution they would have made to your family, such as childcare or housework.
Moreover, when losing a close relative, families can face numerous unexpected expenses, including end-of-life medical care, funeral and burial expenses, legal fees, and many others. These additional costs could seriously derail your finances. A wrongful death claim can help pay for unexpected expenses due to your loved one’s passing. Morgan & Morgan is here for you 24/7 if you have questions about filing a wrongful death claim.
How Can Morgan & Morgan Help Me When My Loved One Died in a Crash?
At Morgan & Morgan, we have helped thousands of individuals and families recover the compensation they needed to navigate the most difficult times in their lives. We can be your shoulder to lean on and handle your wrongful death claim from beginning to end. Our motivated car accident lawyers can:
Determine Liability for the Crash
Discovering who is responsible for the accident that killed your loved one is crucial for recovering fair compensation in a wrongful death claim. Depending on the facts of the accident, there may be several liable parties, such as:
- Another driver
- A car manufacturer
- An employer if the at-fault driver was working at the time of the accident
- A government entity
- The bar or restaurant serving a visibly intoxicated driver
Assess Your Damages
Knowing what your case is worth is essential for receiving the compensation you need to get your life back on track after losing your loved one. Financial losses, such as income loss and healthcare expenses, are easy to calculate. However, the emotional effects of a death on surviving family members are tricky to quantify. If you do not know the worth of your claim, you risk leaving money on the table. Morgan & Morgan knows your case’s value and can fight hard for your due.
Negotiate Aggressively With Insurance Companies
Insurance companies typically try to pay as little as possible, which is why you need a strong lawyer in your corner who can level the playing field and negotiate aggressively with an insurance company. Insurers know Morgan & Morgan. They know we will see them in court if they refuse fair compensation for our clients.
Not all law firms are the same. Some take an insurance company’s best offer, almost always less than the claim’s worth. Morgan & Morgan never settles for less. We know you need fair compensation to get back on your feet after losing your loved one.
What Are the Most Common Types of Fatal Highway Crashes?
Some types of crashes are more dangerous than others. Some of the most common fatal accidents include:
Side Impact Accidents
Side impacts, also called T-Bone accidents, can have devastating consequences for car drivers and occupants. While bumpers protect the front and back of cars, there is very little protection on the side of a vehicle. Therefore, if a car slams into the side of another, the impact can cause catastrophic injuries and fatalities.
Head-On Crashes
While head-on crashes are rarer than rear-end accidents or side impacts, they are generally severe and often deadly. If both or one vehicle travels at high speed, a head-on collision can be catastrophic and may cause significant car damage, injuries, and fatalities.
Rollovers
Rollovers can occur with single or multiple-car crashes, for example, when one car forces another off the road. Car roofs can cave in during a rollover, potentially trapping or crushing individuals inside. Vehicles involved in rollovers may also be more prone to catching on fire.
However, deaths are not only caused by accidents involving other vehicles. According to the National Safety Council (NSC), collisions with stationary objects cause over 28 percent of all road traffic fatalities. Regardless of the type of accident that killed your loved one, you could have legal recourse. A car accident attorney from our firm can advise you and move forward with a claim on your behalf.
How Long Does a Wrongful Death Lawsuit Take?
The duration of a wrongful death lawsuit can vary. In less complex claims, where the fault for the accident is apparent and the responsible insurance company agrees to a fair settlement, claims can be resolved within a couple of months. However, wrongful death claims can take much longer when:
- The fault for the accident is unclear
- The claim involves several defendants
- There is a lot of money at stake
- The at-fault party or their insurer delays or denies a fair settlement
- The case goes to trial
Complex wrongful death claims may require extensive investigations and a long negotiation process. Such claims could take a year or even longer to conclude.
Is Wrongful Death Compensation Taxable?
Compensation from personal injury or wrongful death lawsuits is generally not taxable and does not count towards your gross income, according to the Internal Revenue Service (IRS). Therefore, you usually do not have to pay taxes on your settlement. However, if the amount you receive from the estate takes you above the statutory exemption amount for inheritance tax, some of the payout may be taxable.
If you are expecting a settlement from a wrongful death lawsuit, an accountant can help you understand your tax obligations.
Morgan & Morgan Fights Hard for Families
A fatal crash on a highway can haunt the victim’s family forever. Dealing with the sudden death of a loved one and the administrative burden involved can be overwhelming. The last thing on your mind during this upsetting and stressful time may be filing a lawsuit. However, you do not have to go through this alone.
Morgan & Morgan has been protecting families for over 30 years. Our dedicated car accident lawyers want to help you find peace and get what you deserve. You pay nothing unless and until we win and recover compensation for you. Contact us today for a free, confidential consultation to determine your next best steps.