The Atlanta Injury News Blog

How to Sue Over a Fatal Traffic Accident

Lethal traffic and car accidents are tragic events. Recently, a fatal car accident in Clayton County left one person dead and three injured.

There are legal remedies available to family members of the deceased victims. This legal how-to will get you started on filing a lethal traffic accident lawsuit.

Who Can I Sue?

There are several people you can sue following a fatal car accident. Legally speaking, any person or any entity that contributed to the accident is a potential defendant. For example, if the accident occurred because the other driver failed to stop at a red light, then that driver can be sued.

Other potential parties to consider are car manufacturers or local governments. If faulty car parts or a huge pothole in the road caused the accident, you may be able to sue corporate or government entities. Police reports of the accident are a good resource for identifying the chain of events that led to the accident and the parties responsible.

What Can I Sue Them For?

Lethal traffic accidents are personal injury cases. Under personal injury laws, you may be able to sue under a theory of negligence, wrongful death, and/or products liability. One of the most common legal claims is negligence. In general, negligence occurs when a person's failure to reasonably act causes another person to be injured. For car accidents, a person can be negligent if he or she failed to obey traffic laws and as a result, someone was tragically killed. Manufacturers can be negligent too, but they are held to an even higher standard. If a manufacturer produced a defective part or vehicle and that defect caused an accident, the manufacturer can be held liable.

Loved ones of victims of fatal car accidents can sue for recovery under wrongful death laws. Wrongful death lawsuits allow the victim's family to sue when their loved one's death was caused by the defendant's negligence. These suits allow a family to recover compensation for medical wages, funeral expenses, and even wages the deceased would have earned if they were alive.

Who Can Help me File a Lawsuit? Although this legal how-to gives you a general background for legal actions in a fatal accident, consulting an Atlanta car accident attorney is your best bet.

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