Fatalities from Car Accidents in McKinney
A car accident case in McKinney can become a wrongful death case when someone is killed in the collision or as a direct result of an injury sustained in the collision. Wrongful death actions stemming from car accidents can happen in situations that a person would not expect – even in a fender-bender.
For instance, if the person broke a leg and it required surgery, and then an infection occurred causing their death, the negligent driver in the car accident may be liable for a wrongful death claim.
Fatalities from car accidents in McKinney could cause undue financial hardship to a decedent’s family. If you have lost a loved one due to injuries sustained in a crash, consider reaching out to a wrongful death lawyer for help.
How Fatal Car Accidents Occur in McKinney
Fatal car accidents in McKinney tend to occur on the larger roads, intersections, and highways, like Highway 380, Highway 75, and Highway 121, and many of the big crossroads like Virginia Parkway and Custer Road. Anytime there are multiple lanes of traffic, there is the potential for higher-speed intersection collisions, and many of these intersection collisions result in death.
The most common fact pattern surrounding fatal car accidents is slowing traffic on the highways. Construction, weather, or another accident could cause cars to slow down rapidly, leading to dangerous, high-speed collisions. Motorists should always leave a safe stopping distance between themselves and the car ahead of them, even in conditions where traffic seems light.
Criminal Liability in a Fatal Car Accident Case
If it is found that the at-fault driver was behaving illegally, criminal liability can be established. Criminal liability typically occurs when a driver shows a conscious indifference to the rights and safety of the plaintiff.
Very often, that recklessness will implicate criminal statutes and the district attorney could be involved in the case at that point in time. These tend to happen in drunk driving incidents that result in death; that is called intoxication manslaughter. The lawyer may ask for exemplary punitive damages because the drunk driver drove and caused the death of an innocent person.
When parallel criminal and civil cases are proceeding, there are both opportunities and pitfalls that the wrongful death lawyer needs to navigate to help maximize his client’s recovery.
Contacting an Attorney After a Car Accident Fatality
If you are in control of a loved one’s estate after they have died from injuries sustained in a car wreck, you have an opportunity to hold the negligent driver accountable and pursue compensation. You could recover damages for funeral expenses, loss of consortium, emotional trauma, and a variety of other injuries.
The first step the legal representative of a decedent should take to initiate a car accident wrongful death case is to retain a lawyer and preserve critical evidence. When you are ready, contact an experienced personal injury or wrongful death lawyer at Marcus & Mack to learn about your legal options and begin filing a claim.