Victims of car accidents possess the legal right to hold these negligent individuals accountable for their actions. State laws empower auto accident victims to seek compensation for injuries, property damage, and losses caused by the reckless and negligent conduct of others.
In numerous cases, victims can secure substantial compensation covering medical expenses, lost income, vehicle damage, and the physical and emotional pain and suffering endured.
In addition, if you lost a loved one in a fatal car accident, you or another individual may have the right to file a wrongful death claim on their behalf to pursue damages. It’s crucial to talk to a car accident attorney as soon as possible if this applies to your case.
Causes of Fatal Car Accidents
DISTRACTED DRIVING
The statistics surrounding distracted driving are not just alarming; they underscore a preventable threat to public safety in the United States. Distracted driving stands as a significant public health issue, leading to reduced reaction times, impaired lane-keeping abilities, and catastrophic accidents resulting in severe injuries and fatalities.
Unfortunately, the widespread use of cell phones and GPS technology in vehicles has increased the number of car accidents and, therefore, fatalities attributable to distracted driving.
Despite the well-documented hazards of texting and the existence of laws prohibiting texting while driving, the NHTSA’s crash statistics estimate that at any given moment, more than 850,000 drivers in the United States are texting or engaging with cellphones while behind the wheel.
These drivers expose themselves to significantly higher risks of causing accidents compared to their focused counterparts.
DRUNK AND DRUGGED DRIVING
Nearly four decades ago, Mothers Against Drunk Driving (MADD) drew the nation’s attention to the deadly impact of drunk driving on American roads.
Despite efforts by advocacy groups, the passage of impaired driving laws, and increased awareness, impaired driving, including both drunk and drugged driving, persists as a significant ongoing national problem.
Laws against impaired driving extend to operating vehicles under the influence of legal prescription drugs with intoxicating side effects similar to alcohol or illicit substances.
Law enforcement primarily focuses on the criminal aspects of a drunk-driving accident. To safeguard your interests during the recovery process and pursue compensation for personal losses, engage an experienced car accident attorney.
POOR WEATHER
Weather-influenced road conditions often play a role in causing motor vehicle accidents, ranking among the top causes of car crashes. When adverse weather contributes to a car accident, questions arise about how victims can collect compensation.
While you cannot file a lawsuit against Mother Nature, drivers who fail to adapt to challenging weather conditions, leading to accidents, bear legal liability.
Caution becomes paramount when driving in poor weather conditions. A road safe at 60 miles per hour in summer may become perilous at 30 miles per hour during torrential downpours or ice storms.
Drivers navigating through inclement weather conditions as if roads were dry and clear may incur legal responsibility for accidents and resulting injuries. Never assume that adverse weather automatically absolves a driver from accountability, as negligence remains a factor.
RECKLESS DRIVING AND TRAFFIC VIOLATIONS
Driving carries inherent risks, but those risks escalate when drivers behave irresponsibly. While some make innocent mistakes, others purposefully engage in dangerous, aggressive actions.
Impatience is common on the roads, especially in heavy traffic. However, impatience should not lead to reckless or aggressive driving.
Emotion-driven decisions behind the wheel can result in severe accidents. Aggressive driving behaviors, such as road rage, tailgating, and reckless driving, contribute significantly to car accidents.
SPEEDING
A recent NHTSA survey highlighted the widespread issue of driving over the speed limit on U.S. roads. Speeding is a significant factor in severe crashes, causing 26 percent of fatal accidents in a recent year, claiming 13,000 lives.
For every ten miles per hour over 50, the risk of fatalities doubles. Significantly, speeding-related accidents are not limited to highways but pose dangers on neighborhood roads, city streets, and various other road types, often serving as evidence of negligence.
DISREGARDING TRAFFIC LIGHTS AND SIGNS
Intersections, especially those with traffic lights, are among the most hazardous areas on the road. The transition from yellow to red lights introduces uncertainty for drivers. While some states treat yellow lights as a signal to slow down, others allow drivers to proceed cautiously.
Stop sign-controlled intersections contribute significantly to accidents, with about one-third of all intersection crashes and over 40 percent of fatal ones occurring at stop sign intersections. Many accidents result from drivers misjudging the safety of proceeding through stop signs, emphasizing the role of driver decision-making.
DROWSY DRIVING
Many adults don’t get adequate sleep, leading to drowsy driving during daily commutes. Drowsy drivers exhibit similarities to drunk drivers, with slowed reactions, poor coordination, and impaired judgment.
Law enforcement encounters cases where drivers suspected of drunk driving are, in fact, fatigued. Drowsy driving contributes to accidents, jeopardizing the safety of bicyclists, pedestrians, and other road users.
Understanding these risks and seeking legal recourse is essential for victims of accidents caused by reckless driving, traffic violations, and other negligent actions on the road.
Types of Fatal Car Accidents
The Centers for Disease Control and Prevention has disclosed that the United States experiences more fatalities in car crashes annually than any other high-income country. While any car crash has the potential to kill someone, certain types are more likely to result in devastating outcomes. These include:
HEAD-ON COLLISIONS
Head-on collisions, as the name suggests, occur when the front ends of two vehicles collide. This type is often the most lethal due to the combined force of both vehicles. The impact can lead to severe injuries, especially if the vehicles are traveling at high speeds.
SIDE-IMPACT COLLISIONS (T-BONE OR BROADSIDE COLLISIONS)
These collisions are more severe than rear-end accidents and happen when the front or rear of another vehicle or object impacts the side of a vehicle. Side-impact collisions can result in significant damage to the vehicle’s passenger compartment, increasing the risk of severe injuries to occupants on the side of the impact.
REAR-END COLLISIONS
Typically resulting in whiplash, these collisions happen when a vehicle crashes into the one in front of it. While often considered less severe, high-speed rear-end collisions can lead to fatalities, especially if the impact forces push the vehicle into other obstacles or oncoming traffic.
MULTI-VEHICLE PILE-UPS:
Occurring on highways or freeways, pile-ups involve multiple vehicles. They are especially devastating due to vehicles being struck multiple times after an initial impact. Factors such as reduced visibility, high speeds, and limited reaction time contribute to the severity of pile-up accidents.
SIDESWIPE COLLISIONS
This type of collision happens when the sides of two parallel cars touch or swipe each other. While not always fatal on its own, sideswipe collisions can lead to loss of control, resulting in more severe accidents, especially at higher speeds or in congested traffic.
VEHICLE ROLLOVER
Rollovers occur when a vehicle flips over onto its side or roof, often due to sharp turns at high speeds. This type of accident is hazardous as the vehicle’s motion may eject the occupants, or they may sustain serious injuries as the vehicle rolls. Rollovers are more common in vehicles with a higher center of gravity, such as SUVs and trucks.
SINGLE CAR ACCIDENTS
While not always fatal, single-car accidents involve only one vehicle and often result from striking an object. These accidents can lead to property damage, personal injury, or, in the worst-case scenarios, death. Single-car accidents may involve collisions with fixed objects like trees or utility poles, and the severity depends on factors such as speed, vehicle type, and the nature of the crash.
What is a Wrongful Death Action?
A wrongful death action is a legal claim brought by the survivors or beneficiaries of a person who has died due to the negligence, intentional harm, or misconduct of another party.
A fatal car accident can lead to a wrongful death claim. These actions are a type of civil lawsuit, distinct from criminal cases. They provide compensation to the surviving family members or beneficiaries for the financial and emotional losses resulting from the death of their loved one.
Wrongful death claims typically arise from situations where the deceased person would have had the right to file a personal injury lawsuit if they had survived.
The individuals eligible to bring a wrongful death claim vary by jurisdiction but often include immediate family members such as spouses, children, or parents. In some cases, other dependents or individuals who suffered financially due to the death may also be eligible.
Damages in wrongful death actions can cover various losses, including medical expenses, funeral costs, loss of financial support, loss of companionship, and emotional distress. The specific damages available depend on the laws of the jurisdiction where your lawyer files the lawsuit.
Distinguishing Criminal Charges from Wrongful Death Civil Claims
It’s crucial to recognize the distinction between a civil wrongful death claim and a criminal case related to someone’s death. In criminal proceedings, a conviction may result in imprisonment, fines to the state, probation, community service, and other penalties.
While a criminal case and a civil wrongful death claim can proceed simultaneously, they remain separate legal actions. The outcome of one does not influence the other.
However, there are instances where a criminal conviction might strengthen the likelihood of success in a civil claim. This is because the standard of proof in a civil case is notably lower than in a criminal proceeding.
Criminal cases demand proof of guilt beyond a reasonable doubt, whereas civil claims require establishing liability with a preponderance of the evidence, indicating it’s more likely than not that the accused party is responsible for the death.
Fatal Car Accident Statistics Nationwide
WHAT PERCENTAGE OF CAR ACCIDENTS RESULT IN FATALITIES?
Despite almost 43,000 fatal crashes annually in the U.S., there’s a glimmer of hope as the actual deadly car crash rate is less than 1 percent:
- In one recent year, police reported about 6,102,936 vehicle accidents in the United States. Out of those accidents, 39,508 proved fatal. This results in an effective deadly car crash death rate of 0.7 percent. On a positive note, the percentage of car crashes not resulting in fatalities is 99.3 percent.
- Survival odds, however, depend on specific circumstances. For instance, wearing a seat belt reduces the risk of death by 45 percent if you’re in the front seat. Speeding increases the likelihood of crashes (due to reduced stopping time), and higher speeds elevate the chances of fatality due to increased crash energy. Speed played a role in 29 percent of all car accident deaths in 2021.
- Car crashes rank as the leading cause of death in the United States for individuals aged 1 to 54.
- There are 14.3 motor-related deaths per 100,000 people.
- Teens face a higher risk due to risk-taking behaviors and lack of experience. Motor vehicle crashes are the primary cause of death for individuals aged 13 to 19. Teen drivers between 16 and 19 are nearly three times more likely to die in a car crash than drivers aged 20 and above.
HOW MANY FATAL CAR CRASHES OCCUR DAILY?
- Over the past three years, an average of 114 fatal car crashes have transpired each day.
- In 2020, there was an average of 107 fatal car accidents per day.
- 2021 witnessed the highest daily average of car accident fatalities, reaching 118 per day.
- In 2022, the daily average was 117 fatal accidents.
- Interestingly, despite reduced driving during the height of the COVID-19 pandemic, four fatalities did not decrease.
- Police-reported crashes experienced a 22 percent decrease in 2020 at the onset of the pandemic.
- The number of people injured in accidents also saw a 17 percent decrease in 2020 compared to 2019.
- However, fatal car crash statistics increased by 6.8 percent from 2019 to 2020.
WHEN ARE FATAL CAR ACCIDENTS MOST COMMON?
Various factors, including the month, day of the week, and time of day, contribute to the frequency of fatal car accidents.
- October witnessed the highest number of fatal car accidents, totaling 3,799 incidents. In contrast, February, being the shortest month of the year, recorded the lowest number, with 2,340 fatal accidents.
- The most dangerous time to be on the road falls between 9 p.m. and 10 p.m. This one-hour window accounted for 2,359 fatal car accidents in one recent year, surpassing any other one-hour slot in the day. The concentration of incidents during this period highlights it as the most dangerous for motorists.
Did You Lose a Loved One in a Fatal Accident?
Suppose you lost a loved one in a fatal car accident. In that case, it’s imperative to secure representation from an experienced personal injury lawyer as soon as possible. They can begin to collect evidence, investigate the accident, and protect your legal rights.
