When a loved one is killed because of another person's neglect of duty, it is often even more devastating to the family. In addition to the loss of your loved one, there is the financial burden and the feeling that justice needs to be served because the death would not have occurred if the other party had been doing what they were supposed to. Even if the person is not found liable in a criminal court, the family of the deceased can bring a civil suit against the party.
What constitutes a wrongful death?
During a wrongful death suit, which is tried in front of a judge alone, it must first be proven the charged party had a responsibility toward the deceased. Next, there needs to be proof that the responsible party neglected that duty. Finally, there has to be proof that harm was done because of this neglect of responsibility. Let's use a car accident case as an example.We'll call the neglectful individual Dave.
Dave gets off work one day and he is angry at his boss. He gets into his car and peels out of the parking lot at a high rate of speed. As he is seething about the days events, he continues driving at a high speed. Coming upon a red light, he doesn't even slow down, he runs straight through the light - and crashes into the driver's side of your loved one's car, causing injuries that result in death.
Your lawyer will argue in court that:
A. Dave had a duty to drive in a manner that keeps himself and others safe.
B. By exceeding the speed limit and running the red light, Dave failed to live up to his duty to drive safely.
C. Dave's lack of following safety rules caused him to hit your loved ones car and caused his death.
Dave did not intend to have an accident and he certainly didn't mean to kill anyone, but his irresponsible behavior caused someone to die. He is responsible for compensating the deceased's family.
Car Accident Compensation
If your loved one has been killed in a car accident, you may be able to bring a wrongful death suit against the hitting vehicle for a number of reasons, including, but not limited to:
- Knowledge of faulty brakes or other poor maintenance.
- Driving under the influence of alcohol, illegal drugs or prescription drugs.
- Disregarding safe driving laws and disregarding the rules in the Kansas Driving Handbook
- Driving while texting, dialing a number or using a phone for mapping and not paying attention to the road. Distracted driving is illegal.
- Driving contrary to the Kansas CDL Driving Handbook where a professional driver operating a commercial motor vehicle violates the FMCSR.
- Driving a fleet vehicle owned by a business where the company failed to teach the driver how to safely drive.
- Driving a tractor-trailer and violating the Hours-of-Service maximum hours rules under the FMCSR.
The best way to know if you have a case is to contact Brad Pistotnik of Brad Pistotnik Law. His experience representing families in wrongful death cases is impressive. Brad will be able to sit with you and hear your case. He will let you know if you are eligible for car accident compensation due to negligence of some other driver. In a time of sorrow, it is comforting to know that there is someone who can help you through and afford you the justice your loved one deserves.
Hire the Real Brad by calling Brad Pistotnik at 316-684-4400, 800-241-BRAD or calling his cell phone at 316-706-5020. We work in Wichita, Dodge City, Garden City, Liberal, Salina, Hays, Emporia, Arkansas City, Wellington, Hutchinson, Colby, Topeka, Kansas City and across Kansas, Oklahoma, Nebraska and Illinois.