New York Fatal Car Accidents
Each day the media reports the details of a fatal car accident. Fatal car accidents can be caused by any of a variety of factors such as a drunk driver, mechanical failure, speeding, road rage, distracted driving or sleep deprivation. According to the Centers for Disease Control auto accidents are one of the leading causes of death. In most cases negligence played a prominent part in such accidents. While victims of car accidents often end up with serious injuries such as a traumatic brain injury, broken bones, contusions, internal injuries, abrasions, or a spinal cord injury, in New York nearly 1000 people die each year from injuries sustained in car accidents. Family members of victims who die in vehicle accidents suffer tremendously. Not only is the emotional pain difficult to deal with, family members also suffer financially. However, under New York law the legal representative of someone who died in a car accident or in some other type of avoidable incident such as medical malpractice is allowed to seek compensation from the person whose negligence resulted in the accident. If you are in need of a New York Injury Lawyer because a family member died in a car accident, it is important that you contact an experienced New York Fatal Car Accidents Lawyer who will help ensure that the party responsible for your injuries is held accountable for your losses through a wrongful death lawsuit.Common causes of fatal car accidents
There are a number of factors that can lead to a fatal car accidents. Some of the most common contributing factors include:
- Distracted driving. With the growing use of cell phones while driving, one of the fastest growing causes of fatal accidents is distracted driving. Distracted driving includes not only talking on a cell phone. It also includes texting, browsing the internet, reading email, playing video games, using apps, and other activities on a cell phone, tablet, e-reader, or computer while driving. However, other types of distractions lead to accidents, such as other people in the car, pets, eating, and adjusting the radio.
- Impaired driving. Driving while drunk or high on drugs is one of the most dangerous things that a driver can do. While campaigns aimed at stopping drunk driving have had some effect, impaired driving remains one of the leading causes of fatal accidents.
- Reckless driving. Failing to follow the rules of rules by speeding, failing to stop at a red light, or making an improper lane change is reckless. This type of negligence is another top cause of serious car accidents that leave victims with fatal injuries.
Family members who lose loved ones in car accidents face not only emotional grief, but oftentimes financial hardship as well. Under New York law, only a decedent's legal representative may file a claim for wrongful death. A legal representative is typically the person the decedent named as executor in his or her will. Otherwise, the legal representative would be the person named by the court to serve as such. The executor would file the wrongful death claim on behalf of the real parties in interest. The real parties in interest would be the decedent's beneficiaries or heirs. Typically, the real parties in interest would include the decedent's surviving spouse and children, but may also include the decedent's parents, siblings and other relatives.
Damages that can be recovered in a wrongful death accident include economic losses such as:
- Loss of financial support
- Loss of future earnings
- Loss of household services
- Medical expenses related to the injury
- Funeral expenses
It is important to file a wrongful death claim as quickly as possible as New York's statute of limitations is generally only two years after the death. While two years may seem like a long time, there is often a great deal of time-consuming fact-finding and other preliminary work that must be completed before a wrongful death lawsuit can be filed. If a lawsuit is not filed prior to the expiration of the statute of limitations, the right to sue may be forever lost.New York Fatal Car Accidents Lawyer
Wrongful death cases can be complicated. There are complex procedural rules and timelines that must be followed. To make sure that your case is properly handled it is critical that you are represented by attorneys with experience handling wrongful death cases. Contact Stephen Bilkis and Associates to discuss the details of your case. Our staff is experienced in handling claims involving wrongful death cases related to car accidents, construction accidents, product liability, and medical malpractice. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident.