Why Hire a Fatal Car Accident Attorney in South Jersey?
Nothing devastates a family like the sudden death of a loved one in a fatal car accident in South Jersey or elsewhere. As if the emotional grief and anguish aren’t bad enough, many families also face adverse financial consequences, especially if the fatally injured loved one was a family provider or the family member who cared for the children and the home.
No legal process can bring a lost loved one back, but a fatal car accident wrongful death claim alleviates financial hardship so the family can focus on mourning their loved one and moving forward. Our South Jersey car accident lawyer at Grungo Law can help with your fatal accident claim.
For a free legal consultation with a fatal car accident lawyer serving South Jersey, call (856) 528-4494
A Fatal Car Accident In South Jersey Could Warrant a Wrongful Death Claim
The most common cause of car accidents in New Jersey is driver error. If one driver’s negligent or reckless action behind the wheel causes catastrophic injury or death to another motorist, the negligent driver is liable for damages. Even in no-fault car accident insurance states like New Jersey, the civil court allows lawsuits against an at-fault driver for catastrophic injury or wrongful death.
Under New Jersey § 2A: 31-1, the law states the following:
“When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances amounting in law to a crime.”
Under this law, if the car accident victim could have filed a personal injury lawsuit had they survived the accident, then the family of a fatally injured car accident victim can recover compensation through a wrongful death claim. New Jersey requires the person named as executor or personal representative in the decedent’s will to file the claim on behalf of the family members who suffer the financial impacts of the loss. If the decedent didn’t leave a will or estate plan, the court assigns a representative to file the claim.
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What Types of Car Accidents Cause Wrongful Death In South Jersey?
The crash force of a car accident places tremendous stress on the human body. According to crash force calculations, a 135-pound person becomes a 6,075-pound force in an accident at only 45 miles per hour. A motorist’s body continues to move forward at the speed the car was traveling until the seat belt snaps them back against the seat—all while the car’s metal structures collapse inward at the point of impact. Without a seatbelt, an accident at 30 miles per hour is like falling from a 3-story building or being rammed by an elephant weighing 3.5 tons. Two-car collisions cause more deaths than single-car accidents. According to the 2022 statistics from the National Safety Council:
- There were 8,800 car accident deaths from T-bone (angle) collisions
- There were 5,800 head-on collision fatalities
- There were 3,400 rear-end collision car accident deaths
- There were 1,600 sideswipe accident deaths
In two-car collisions, one driver is typically at fault for the accident, leaving them liable for wrongful death damages to close surviving family members of South Jersey fatal car accident victims. Other types of car accidents are single-vehicle accidents such as roadway departure crashes, rollovers, or collisions with obstacles.
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What Causes Fatal South Jersey Car Accidents?
Car accidents in South Jersey are not uncommon. There were 236,702 car accidents in New Jersey during 2022. Fortunately, most car accidents do not end in fatalities, but every car accident death is a life-altering tragedy for a family. The most common cause of fatal car accidents in South Jersey include the following:
- Distracted driving
- Speeding
- Failure to yield the right of way
- Tailgating
- Impaired driving
- Unsafe lane changes
- Improper merging
- Aggressive driving
- Fatigued driving
Many car accident fatalities also result from accidents involving large commercial trucks which outweigh standard family vehicles by as much as 76,000 pounds when fully loaded.
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Proving Liability for a Wrongful Death After a South Jersey Car Accident
In catastrophic injury or wrongful death claims against an at-fault party after a South Jersey car accident, the injury victim or the surviving family members must prove the negligent or reckless driver’s liability. This requires documenting compelling evidence showing that the driver owed a duty of care to others on the road, they breached their duty of care by acting negligently, the breach of duty caused the accident and injury or death, and the injury victim or their family members suffered damages. Damages after a South Jersey fatal car accident claim are both emotional and economic.
Less commonly, the at-fault party after a wrongful death from a car accident could be a negligent road maintenance agency or the manufacturer of a defective car part.
What Damages Can Families Recover After a Fatal Car Accident In South Jersey?
A sudden death has repercussions throughout all aspects of the family’s life. These consequences become the damages in a wrongful death claim. Common damages recovered after a car accident fatality include the following:
- Medical expenses if the decedent had medical care after the accident
- Funeral expenses
- Burial costs
- Lost income for close family members who lost time from work
- The lost income for the number of earning years the decedent would have had left to them
- Loss of benefits like health insurance and retirement contributions
- Loss of consortium and companionship for the death of a spouse, or loss of the support and guidance of a parent
New Jersey does not allow family members to gain compensation for emotional anguish, but they may file a claim for emotional distress for a close family member who witnessed the death, such as a passenger or driver in the vehicle with the fatally injured loved one. Reach out to our wrongful death attorney in South Jersey to learn more.
How Can a Fatal Car Accident Attorney In South Jersey Help?
Accident claims after a fatal car accident in South Jersey are complicated and often critical for the surviving family members who suffer financial losses as well as the loss of a loved one. No one should have to manage such a crucial claim without experienced legal representation. Call our personal injury lawyers in South Jersey for experienced legal counsel so you can get the most from your claim and help your family move forward.
Call or text (856) 528-4494 or complete a Free Case Evaluation form