Car accidents are an unfortunate reality on Texas roads. While every collision can be traumatic, fatal car accidents carry a distinct weight.
Luckily, fatal accidents have been falling in America. Still, understanding the legal differences between fatal and non-fatal accidents is essential to getting the right support and securing fair compensation.
Severity and Consequences
The most obvious distinction between fatal and non-fatal accidents is the outcome: loss of life. Fatal accidents often involve more extreme conditions, like:
- High-impact collisions
- Excessive speed
- Impaired driving
- Vulnerable road users, such as pedestrians or cyclists
The consequences of a traffic fatality extend far beyond the scene of the crash. Families are left grieving, and survivors may face long-term physical, emotional and financial harm.
In contrast, non-fatal accidents can result in anything from a dented fender to serious injuries requiring hospitalization. While these incidents may not result in death, they can still lead to significant burdens.
Legal Implications
Fatal accidents can require more complex legal proceedings. They’re more likely to involve factors such as criminal charges and more intense investigations by law enforcement. Crucially, the types of damages recoverable and the evidence used to support those damage claims are different.
For example, in a fatal accident, surviving family members may be entitled to compensation for several different types of damages:
- Funeral expenses
- Loss of income
- Loss of companionship
- Emotional distress
Like non-fatal accidents, these claims require careful documentation and often involve expert testimony to establish the full impact of the loss.
These claims can be fairly substantial and can often be greater sums than claims for non-fatal accidents. The size of a wrongful death claim can sometimes inspire insurance companies to fight harder to avoid liability.
Accident Reconstruction
In many fatal traffic incidents, the victim’s experience is difficult to explain. If you’re hurt in a non-fatal crash, you can testify to what you went through. You can tell your side of the story to establish the negligence of the other party.
Fatal accidents may rely solely on physical evidence and the testimony of the at-fault driver to establish the facts. Often, experts will reconstruct the accident based on the evidence. This can help tell the story of the victim.
Having an experienced professional to make sure the victim’s perspective is not ignored is important. Every deadly crash calls for the assistance of a skilled personal injury attorney.
An Overwhelming Loss
It’s incredibly hard to lose a loved one in a crash. But the legal process is not designed to make things easier on those left behind. It’s up to your attorney to guide you through the legal process during a time of immense pain and suffering. You need someone who cares enough to take the time to watch out for you and your family while you deal with the loss.
Call the Texas Wrongful Death Attorneys at The Fell Law Firm
After a tragic accident, you need an experienced lawyer on your side. The Fell Law Firm in Dallas-Fort Worth has the knowledge and compassion to help you. Contact us online or call 972-450-1418 to discuss your situation today.
