Wrongful Death and Car Accidents

Oct 28, 2019 — by Gary Zucker
Tags: Wrongful Death Car Accidents Auto Accidents

A T-bone auto accidentAccording to numbers from the NYPD, there were 5,137 motor vehicle collisions in Brooklyn, NY in March of this year, which led to the deaths of 7 people. These numbers should give you pause given how common collisions are. If you or a loved one is involved in a catastrophic injury crash or fatal auto accident, attorneys Gary A. Zucker and Guy S. Regev can help.

The legal team at Zucker & Regev would like to consider your legal options following a fatal auto collision. We’ll first note some additional facts about fatal crashes and how our attorneys can help.

Fatal Auto Accident Statistics

According to data from the National Highway Traffic and Safety Administration (NHTSA), 37,133 people were killed in auto accidents in 2017. This is a 1.8 percent decrease from fatality numbers in 2016. According to state-by-state accident data compiled by the Insurance Institute for Highway Safety, Highway Loss Data Institute (IIHS HDLI), there were 933 fatal crashes in New York in 2017, resulting in 999 deaths.

Leading Causes of Fatal Auto Accidents

Speeding was a leading cause of auto accidents in 2017. According to the NHTSA, speeding played a role in 26 percent of all fatal auto accidents that year. Drunk driving was another leading cause of fatal crashes. In 2017, drunk driving caused a death every 48 minutes.

Other leading causes of fatal auto crashes included:

  • Veering into other lanes
  • Failure to yield
  • Distracted driving
  • Reckless driving
  • Poor weather
  • Driver fatigue

Who Is at Fault in a Fatal Auto Accident?

Determining fault in a fatal auto accident is a key part of pursuing a wrongful death lawsuit. Generally speaking, a person is at-fault in a fatal crash is they were negligent behind the wheel, reckless while driving without regard for the safety of others, or engaged in intentional misconduct while operating a vehicle. If a vehicle defect contributed to a fatal crash, strict liability may apply even if no one was technically at fault.

Our Brooklyn auto accident attorneys will consider the nature of your case and let you know if you should pursue wrongful death litigation against the party who caused the crash.

Legal Damages in a Fatal Crash Lawsuit

In a wrongful death lawsuit, two kinds of legal damages will be sought: compensatory damages and punitive damages.

  • Compensatory Damages - Compensatory damages are damages that cover the material losses associated with a fatal crash. This may include a loved one’s medical expenses before dying, funerary costs, damage to a vehicle, lost income from the departed, and emotional pain and suffering. These damages are usually tabulated through receipts, bills, and invoices for various services associated with the loved one’s death.
  • Punitive Damages - Punitive damages are intense to punish the party who caused the fatal collision. These damages go beyond the scope of material losses. The exact amount awarded in punitive damages is determine by the egregiousness of an accident.

How Our Attorneys Can Help

Wrongful death lawsuits are emotionally exhausting. Having skilled attorneys on your side during these legal proceedings can offer peace of mind. As you focus on mourning, grieving, and moving forward, our Brooklyn legal team will offer counsel and help you see the case through the legal system.

Contact Our Law Firm

For more information about your legal options following the loss of a loved one, be sure to contact our skilled team of wrongful death lawyers. The team at Zucker & Regev can be reached by phone at (718) 624-1211.

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