It can be quite tragic to have a loved one pass away due to a car accident. However, if the accident was the result of a driver who was reckless or negligent, then their behavior may be an important detail that your wrongful death lawyer might use in your case.
The Problem with Aggressive Driving
Drivers are expected to be defensive when they are on the road. If a driver is behaving in an aggressive manner, they will likely be violating the law in several ways, such as engaging in speeding. Worse, they might also take their frustrations out on other drivers.
Aggressive driving is often associated with road rage. This is a phenomenon where a driver tries to use their vehicle as a weapon when they are angry at another driver. This might lead to threatening behavior and the driver might even try to ram another vehicle. Some drivers might also throw projectiles or even pull a weapon.
Evidence in a Wrongful Death Car Accident Case
A wrongful death attorney will try to get to the bottom of what happened during the road rage incident. This will involve interviewing witnesses and locating other forms of evidence such as surveillance footage and cell phone data. The wrongful death attorney will also work with an accident deconstructionist who will examine the scene of the accident and look for evidence of aggressive driving.
The witnesses might recount how the other driver did not allow your loved one enough space to change lanes and your loved one ended up losing control of their vehicle. Or the surveillance footage might show that the other driver was speeding and that this likely contributed to the accident.
Compensation for Wrongful Death
Both the victim of the car crash and other individuals related to the crash are entitled to compensation through a wrongful death lawsuit. Typically, spouses, offspring, and parents are entitled to compensation after a successful wrongful death lawsuit.
You might wonder how the deceased are entitled to compensation. In many cases, a wrongful death case is brought forward on behalf of the estate of the deceased. Then, those who are beneficiaries of the deceased will receive a portion of the wrongful death settlement. Therefore, even those who are not immediate family members may receive a portion of the settlement as long as they are mentioned in the deceased's will. For more information, contact a wrongful death attorney.