The summer season has gotten off to a tragic start on the roads and highways of Virginia. Virginia State Police have responded to 21 traffic crashes resulting in 25 death since May 28th. This is in addition to 11 fatalities over the course of the Memorial Day holiday weekend. This spike in fatal car crashes should worry every Virginian. Today’s blog post from Malloy Law Offices will provide an account of a deadly start to the summer on Virginian roads. We’ll also be explaining the legal principle of wrongful death, and how it may affect a car accident case. Let’s get started.
The Virginia State police have called the start to the summer season “alarmingly tragic.” Colonel Gary T. Settle, state police superintendent, called these twenty five deaths an issue that “…should be of serious concern to every Virginian.” Colonel Settle also called on his fellow Virginians to “recommit to safe driving habits” in order to ensure an enjoyable and safe summer season.
Virginia is, of course, not the only place in America where car accidents of a serious nature spike around this time of year. Indeed, the summer season between Memorial Day and Labor Day is generally considered the peak season for car crashes in America. This especially affects younger, less experienced drivers. Teenagers in particular have been shown to be an at-risk group, to the point that AAA has launched an awareness and safety campaign branding this time period as the “100 Deadliest Days.”
So what is to be done? Well, broad societal change can only ever begin at the level of the individual. You may have no control over the conduct of the thousands upon thousands of other drivers with whom you share the road, but you can control your own conduct, and that may go further than you think. Many fatal car accidents can be attributed to four preventable behaviors.
Wrongful death is a type of legal claim stemming from a death caused by the carelessness (negligence), recklessness, or intentional malice of another party. Wrongful death, it should be noted, is a category of civil law, not criminal. Under criminal law, unintentional actions leading to deaths are classified as manslaughter. Intentional actions leading to deaths are classified as murder. All of this is to say that if someone is found liable for a wrongful death, they’ll be ordered to pay damages in much the same way as in any other personal injury case.
If an individual is killed in a car accident through no fault of their own, their surviving family may have a wrongful death claim against the at-fault driver. Generally speaking, only immediate family members can file a wrongful death suit. In Virginia, this privilege is reserved for the personal representative of the estate of the deceased.
To win a wrongful death lawsuit, it is necessary to prove that the other party’s behavior directly caused the death of the deceased. Take the common drivers of fatal car accidents listed earlier in this article. Any of these, or some combination of them, may form the core of a wrongful death case.
If you’ve had a loved one cruelly taken from you by a car accident, Malloy Law Offices may be able to help. Our experienced team of attorneys is home to the wrongful death specialists of DC, Maryland, and Virginia. We can win the compensation you need to get back on your feet after a life-altering tragedy. Contact Malloy Law today for a free consultation.