Motor vehicle collisions are a common source of both injury and death. People of all ages are vulnerable should a crash occur. Many times, those injured by crashes can recoup their losses with an insurance claim.
However, sometimes the losses related to a collision go beyond what insurance covers. In a tragic scenario where someone dies because of a motor vehicle collision, the lifetime expenses triggered by the collision are likely to far exceed the coverage available.
A wrongful death lawsuit could be an option. Under Hawaii state statutes, wrongful death litigation is an option in scenarios involving misconduct, negligence or defaults. When does a motor vehicle collision meet those standards and allow families to take legal action?
When a driver was drunk or high
Misconduct or wrongful acts involve violations of state or federal statutes. One of the most common and dangerous traffic violations involves the consumption of alcohol or other mind-altering substances before driving. When there is proof of intoxication, surviving family members may have adequate grounds to initiate a wrongful death lawsuit.
When a driver flagrantly violated basic traffic rules
There are numerous traffic statutes in place to protect everyone on the road. Drivers need to indicate their intention to turn. They need to sound their horns when approaching blind curves on the mountains. They need to follow the speed limit or maintain the same speed as the overall flow of traffic. In scenarios where drivers blatantly violate traffic statutes and cause preventable collisions, their illegal behavior could justify the decision to file a wrongful death lawsuit.
When a driver was clearly unsafe
Negligence involves a failure to do what is necessary for safety or the decision to engage in obviously unsafe conduct. There are many types of driving behavior that may not be as serious as drunk driving on paper but that can still have tragic outcomes for other people. Racing on public streets, texting while driving or even choosing to drive a vehicle in need of maintenance or repairs could lead to a preventable crash due to the negligence of one motorist. Even choosing not to slow down while driving in the rain could constitute negligent behavior.
Families that can demonstrate that other reasonable people could perceive that conduct as unsafe may have grounds for a wrongful death lawsuit. Seeking compensation from the party at fault for a wreck can give families the support and closure they need after a tragedy.