Losing a loved one in a car accident creates an overwhelming burden of grief, anger, and confusion. When another driver’s careless actions lead to this loss, the pain becomes even more difficult to bear.
A Roanoke wrongful death lawsuit can help you hold the negligent party accountable. This type of legal action arises when someone’s death results from another person’s wrongful act, neglect, or default—essentially, when the deceased person could have filed a Roanoke personal injury lawsuit had they survived.
Common Causes of Fatal Car Accidents
According to the Virginia Department of Motor Vehicles, 907 people died in car accidents in 2023. These fatalities often result from preventable circumstances and poor choices made behind the wheel, such as:
- Distracted Driving: Cell phone use, eating, or other activities that take attention away from the road create dangerous conditions that can easily lead to fatal collisions.
- Impaired Driving: Intoxicated drivers are a deadly threat on Roanoke roads. Alcohol and drugs significantly impair judgment, reaction time, and coordination—all of which are necessary for safe driving.
- Excessive Speed: Breaking posted speed limits or driving too fast for conditions reduces reaction time and increases the force of impact. This behavior not only makes accidents more likely to happen, but also more likely to result in severe, fatal injuries.
- Reckless Behavior: Dangerous actions like aggressive driving, tailgating, and erratic lane changes put everyone on the road at serious risk of fatal accidents.
Who Can File a Lawsuit for Wrongful Death in Virginia?
In Virginia, only the personal representative of the deceased’s estate may file a wrongful death lawsuit. However, all compensation is awarded to the deceased’s beneficiaries. These people may include the surviving spouse, children, and grandchildren. If none exist, parents and siblings may qualify, followed by other dependent relatives who shared the deceased’s household.
How Do You Prove Negligence in a Fatal Car Accident?
To win a wrongful death lawsuit, you will need to show that the responsible party failed to exercise reasonable care, directly leading to your loved one’s death. This process requires you to collect and present evidence that proves the following elements:
- Duty of Care: Every driver assumes a legal responsibility to operate their vehicle safely and follow traffic laws to protect others on the road.
- Breach of Duty: The at-fault driver violated their duty through actions like texting while driving, running red lights, or driving under the influence.
- Causation: The driver’s breach of duty directly led to the accident and subsequent death of your loved one.
- Damages: Your family suffered measurable losses, including medical expenses, funeral costs, lost income, and emotional trauma.
Building a strong wrongful death case requires extensive documentation, including police reports, witness statements, and surveillance footage. You may also need to consult with experts who can reconstruct the accident scene and determine exactly how the collision occurred. A Roanoke wrongful death lawyer can handle this process on your behalf, along with everything else associated with your family’s case.
Get Help with Your Roanoke Wrongful Death Claim
If your loved one was killed due to another driver’s negligence in Roanoke, the wrongful death attorneys at Monge & Associates can help. We will thoroughly investigate the accident, determine liability, and aggressively pursue maximum compensation for your family’s loss. Contact us today at (540) 453-7765 for a free, no-obligation consultation and let us handle the legal battle.