Four Family Members Killed in Wreck

“4 family members killed in wreck”

This is yet another tragic Memorial Day weekend accident.  Even we personal injury lawyers are affected when we see something like this.  As far as a potential case is concerned, obviously the first thing we’d need to know is who was at fault in the accident.  If the driver of the car with the family members in it was to blame, then even if they’re in the same family, a case could be made against the driver, even if the claimant’s are deceased.  If they are, then a wrongful death claim would be involved.  Since the accident happened in NC, the jurisdiction could either be in NC, or South Carolina, if the at-fault driver was from SC.  So a wrongful death attorney would potentially be able to choose the more favorable forum.

Fatal Car Accident

“Fatality reported in wreck…”

We wrongful death attorneys are always heartbroken when we see headlines such as this.  If we were to get a call from this family regarding a potential wrongful death claim, we would want to get started right away on an investigation.  Sometimes we will hire a private investigator to take pictures of the scene and the vehicles.  We will often talk to witnesses, all in an effort to determine liability, i.e. who was at fault in the accident. 

If we decide to accept the case, we need to make sure that an estate is opened in probate court, and the personal representative of the estate is actually the one who would hire us.  An injury attorney has a lot of work to do in a wrongful death claim, and the sooner we can get started, the better.

Fatal Plane Crash

“Tires cited in crash”

 Under-inflated tires were found by the NTSB to be a cause of this private jet crash.  The injury lawyers handling this case will want to use these findings for a possible action against those responsible for maintaining the jet’s tires. 

Often, there are multiple defendants that a wrongful death attorney will need to sort out and allocate responsibility to.  For example, how much should the charter company operating the jet pay?  The same question applies to the plane’s manufacturer, the maintenance crew, the manufacturer of various components of the jet including the tires. 

There’s a lot of work here for an accident attorney.

Fatal Car Accident

“Travelers Rest Man ‘almost home’ when wreck claims his life.”

This appears to be a one-vehicle accident with no implications for an injury attorney or accident lawyer.  It seems that the gentleman simply lost control of his vehicle with no apparent reason. 

A wrongful death attorney would possibly look at the performance of the vehicle in rounding the curve; for example, did it roll over too easily.  This is the kind of thing a wrongful death attorney would possibly hire an expert witness to help him with.  There’s also the outside possibility that the agency responsible for building the road made the break in it too sharp. 

All of this is doubtful, however, and it looks like an unfortunate tragedy with no recourse.

Fatal Accident

“Teenager shot during apparent target practice accident”

 This awful tragedy could have the makings of a successful negligence claim that would possibly be under the at-fault teen’s parents’ homeowners insurance policy. 

Many people mistakenly believe homeowners’ insurance only covers accidents at the home.  However, policies usually follow the insured, or in this situation resident family of the insured, and can cover negligent conduct away from home. 

There are exclusions to the insurance policy that would have to be looked at before you can decide if coverage would apply.

Dram Shop Case

“Restaurant manager charged with serving teen alcohol before fatal wreck”

 If this is true, it could lead to what is called a Dram Shop case against the establishment that sold the alcohol to the teen.  In particular if the underage drinker went out and harmed or killed a third-party, an excellent case could be made against the establishment if the allegations are true.  This all flows from the public policy of passing the costs of terrible tragedies to the place where they all began.  It is well-known that teens cannot handle alcohol, and if it is negligently sold to them, those that do so should pay.

Wrongful Death: Teacher’s Aid Killed

“Light installed at crosswalk where teacher’s aide killed”

Certainly, the vehicle that struck this lady would be a potential defendant in a wrongful death claim arising out of this tragic incident.  As with any personal injury or wrongful death claim, a lot is going to depend on the investigation, which will reveal how fast the vehicle was going, whether the aide was in the crosswalk, etc.  Also, the governmental body that maintains the crosswalk could face a possible claim for not providing lighting, and the school district could be another potential defendant.  Finally, if attending the games was one of the duties of school personnel, there could even be a workers’ compensation claim arising out of this.  This case has a lot of potential issues, and a qualified injury lawyer would want to get started on it right away.

Student Killed at School

“Friends:  Student who was killed was not violent”

The family of this student could possibly have a wrongful death case against the school district where this occurred?  It would depend on if the officer’s actions were reasonable in self defense, or if they were “over the top”, and went past the limit for protection.  Certainly, the fact that the student stabbed him and had a knife was grounds for some serious action, multiple shots, including a deadly one could be considered by some to be questionable.  It depends on how the investigation pans out.  A good wrongful death attorney would want to get started on this one quickly to get the facts.

Wrongful Death: Pedestrian Struck by SUV

“Blind pedestrian struck, killed by SUV”

A wrongful death attorney contacted by the family of the victim would need to do a complete investigation.  Like any wrongful death attorney knows, a big chunk of the case is decided in the early stages, when everything is fresh and capable of being investigated.  For example, I would be inclined to question any witnesses, get pictures of the car and the scene, and probably even look at the scene myself. 

If the driver of the car is not represented, I would possibly try to contact him or her, and actually take a statement, as long as they are aware of my interests. I would want to find out the speed the driver was going, and when he first noticed the pedestrian in the road.  A lot goes into investigating a wrongful death, and the sooner we can get started the better.

Wrongful Death: SC Trooper Killed

“SC trooper killed during memorial motorcycle ride”

What an awful and tragic occurrence this was. 

This potential case has wrongful death and workers’ compensation implications, and is something that a wrongful death attorney would want to jump right on as far as investigating, getting the necessary witness statements, etc.  Even though the trooper may have been “off the clock” at the time of this wrongful death, if it could be shown that it was a part of his work activities, a workers’ compensation attorney would probably be able to get this incident covered.  Furthermore, a wrongful death attorney would pursue a third party liability claim against the at-fault driver and her insurance company. 

There is nothing we wrongful death attorneys would like to see more than an event like this never occurring, but once it does, we try our best to get compensation for the family of the victim.