The National Safety Council reported that March 2020 was one of the deadliest on record, as car accident spikes and fatalities increased across the United States. While this is very sad, it is also strange – after all, the last three weeks of March were dominated with lockdowns, stay-at-home orders and closures. In fact, this was the time frame of “15 days to slow the spread.” So what happened?
Some Southern states have seen the most significant increases in deadly car accidents. These figures were recorded even as average vehicle mileage decreased by 18.6% compared to a year earlier. On its surface, this trend doesn’t make any sense. Why are fatalities increasing even as people are staying home more and more?
Car Accident Spikes Likely Due to Speed
One possible variable contributing to the growing fatality rate is speed. With roads emptier, many motorists may be driving more recklessly and at higher speeds. In fact, officials in law enforcement have stated that if someone is prone to speeding when roads are at full capacity, they are even more so likely to speed when the road is wide open in front of them. Whether roads are crowded or traffic is sparse, motorists must use caution when driving. The risks associated with speeding are well-documented, and include losing control of your vehicle, slower reaction responses and loss of maneuverability around turns. Therefore another vehicle is not necessary to cause a fatal car accident; a driver can simply lose control because they took a turn too quickly, or hit a wet spot on the road when driving at high speed.
Wrongful Death Claims
Insurance claims resulting from fatal car accidents fall under wrongful death claims. In a wrongful death vehicle accident case, the survivors of the deceased driver or passenger must prove the other driver was at-fault and has liability. This is typically accomplished by proving the other driver failed to act reasonably under the circumstances (such as driving too fast on wet pavement) or violating a vehicular law by texting while driving, speeding, or driving under the influence.
Damages require a different legal burden of proof. Wrongful death damages may encompass medical expenses, loss of future wages, and pain and suffering, including death. Loss of consortium is a legal term which takes into account the loss of support, love and affection that surviving loved ones will experience. For instance, an individual whose spouse was killed is entitled to make a claim for loss of consortium damages, which also include a loss of marital benefits.
Who can sue for wrongful death in a car accident case? Typically, wrongful death action is brought by the surviving spouse, children, or parents. Before filing a claim or lawsuit of this nature, you should have an initial consultation with a personal injury attorney who is well acquainted With Florida’s wrongful death laws. Failing to properly submit these documents may result in your claim being dismissed.
Car accident spikes are just one of the many challenges of 2020, but they are to be taken seriously. When behind the wheel, be sure to maintain full focus on the road and do not drive distracted, drunk, or while tired. If you are a victim in a vehicular accident and need legal assistance, call the experts at Probinsky & Cole. We can help guide you through the process to get the compensation you deserve.
