When a serious car accident occurs, there is always a danger that an occupant of a vehicle could suffer fatal injuries. If this happens, the family of the deceased victim would be left with many burdens on top of mourning the death of their loved one. Filing a wrongful death lawsuit may help the family alleviate some financial burdens associated with the death of their family member. If your family member was killed in a serious car accident, consult with an experienced Fayetteville fatal car accident lawyer today.
Ken Kieklak, Attorney at Law, has an unwavering commitment to providing victims of car accidents and their families with the legal representation they deserve. To schedule a free legal consultation to discuss your claim, contact Ken Kieklak at (479) 316-0438, or contact us online.
Common Causes of Fatal Car Accidents in Fayetteville, AR
We often hope that motorists we share the road with are exercising caution when operating their vehicles. Sharing the roadway with a negligent or reckless driver can be frightening if the driver has exhibited unpredictable behavior. In some cases, the reckless actions of a driver could result in a fatal car accident. These accidents could happen under a number of circumstances.
Greatly exceeding the speed limit is one of the most common causes of a fatal car accident. Many highways will have a maximum speed limit between 60-70 miles per hour. These speed limits are often chosen because driving higher than these speeds can increase the risk of drivers losing control of their vehicles and causing serious crashes.
When a car accident happens at a high rate of speed, the force of the impact is often enough to cause a person to suffer a fatal injury. Additionally, the area of the vehicle that was struck can also play a role in determining the injuries a motorist sustains. For example, head-on collisions are often fatal because an occupant of a vehicle can be crushed or thrown from the vehicle.
Driving Under the Influence
Driving under the influence of drugs or alcohol has been shown to decrease a driver’s reaction times behind the wheel and can often cause a driver to become drowsy. This often results in a drunk driver operating a vehicle with the false belief that their intoxication has not affected their driving. If this happens, a drunk driver could easily veer out of their lane to strike another motorist or possibly a pedestrian.
There are several other causes of fatal car accidents that have not been discussed above. For example, a fatal crash may occur because a motorist fails to acknowledge when they are too tired to drive. To learn more about filing a wrongful death lawsuit for a fatal car crash, continue reading and speak with an experienced Fayetteville fatal car crash lawyer.
Proving a Wrongful Death Claim in Arkansas
Our firm understands that losing a loved one in a fatal car crash can be extremely difficult for a family, and we are here if you wish to pursue a wrongful death claim against the responsible party in your Fayetteville, AR fatal car accident.
There are various factors that are considered when a claimant wishes to file a wrongful death lawsuit. One of the biggest issues is ensuring that the claimant has a relationship with the decedent that would allow them to bring an action for wrongful death. Specifically, only certain parties can file a wrongful death claim on behalf of the decedent.
In Arkansas, a wrongful death claim would ordinarily be filed by the personal representative of the decedent. However, if the decedent died without a will or failed to appoint a personal representative, a member of their family can file the wrongful death lawsuit. Only the following family members can bring a valid wrongful death claim in Arkansas:
- The decedent’s spouse, children, parents, or siblings
- Parties that cared for the decedent in place of the parents (in loco parentis)
- Family members cared for by the decedent in loco parentis
If a family member does not belong to any of these categories, they will be unable to file a wrongful death lawsuit with the court. If you are uncertain about your status to file a wrongful death claim for a fatal car accident in Fayetteville, you should speak with an attorney as soon as possible.
There are a number of damages available for prevailing in a wrongful death claim. Many of these damages can help a mourning family with paying off estate taxes, funeral expenses, and various other related expenses.
Work with Our Fayetteville Fatal Car Accident Attorney Today to Discuss a Wrongful Death Claim
If your loved one passed away after being injured in a catastrophic car accident, contact an experienced Fayetteville fatal car accident attorney today. No person wants to learn that their family member was killed in a car accident. However, pursuing a wrongful death claim can help the victim’s family manage many expenses related to the death of their loved one. To schedule a free case evaluation, contact Ken Kieklak at (479) 316-0438.