According to information from Alberta Transportation and the RCMP, speeding is a factor in approximately 25 percent of fatal crashes in Alberta, Canada, meaning that roughly one in four fatal collisions involve unsafe speeds.
If you lost a loved one in a fatal car crash, it’s essential that you retain a knowledgeable and compassionate Edmonton wrongful death lawyer as soon as possible. A lawyer can file a claim or lawsuit naming the estate executor or administrator as the plaintiff and pursue compensation for surviving family members, helping them obtain the justice and closure they deserve.
Most Common Types of Fatal Car Crashes Due to Speeding
Speeding is one of the leading causes of fatal car accidents, especially when it results from a negligent driver’s disregard for traffic laws and safety. Negligence can include speeding in areas with low-speed limits, driving too fast for road conditions, or ignoring posted signs warning of hazards. Some of the most common types of fatal car accidents that result from speeding include head-on collisions, rear-end crashes, and rollovers.
Head-on collisions typically occur when a driver exceeds the posted speed limit or loses control of their vehicle, crossing into the opposite lane of traffic. Because both vehicles are travelling toward each other at high speeds, the impact is much more severe than in other types of crashes. The risk of death or serious injury increases significantly when a negligent driver speeds in areas with sharp turns, poor visibility, or intersections where other vehicles are present.
In cases of rear-end collisions, a speeding driver may fail to stop in time or react to slower traffic ahead. This type of accident is particularly dangerous at high speeds, as the force of the crash can cause the rear vehicle to collide with multiple vehicles, leading to a chain reaction. Rear-end collisions are common in congested areas, where drivers may speed in an attempt to get through traffic more quickly, but they also frequently occur in situations like sudden stops or when traffic signals change unexpectedly.
Speeding is also a significant factor in rollover accidents, where a vehicle tips over onto its side or roof. Rollovers are more likely to occur when a driver takes a turn too quickly or loses control of their vehicle at high speeds. SUVs and trucks are particularly vulnerable to rollovers because of their higher center of gravity, but any vehicle can flip if a negligent driver is speeding on a curve or bumpy road. These accidents are often fatal due to the violent nature of the crash and the possibility of occupants being ejected from the vehicle.
Speeding also increases the likelihood of fatal accidents involving pedestrians or cyclists. Drivers who speed in residential areas or near schools are less able to stop in time to avoid hitting pedestrians or cyclists, whose visibility may be limited in certain conditions.
In all of these cases, speeding reduces a driver’s ability to react to sudden changes in traffic or road conditions, making accidents more likely and more severe.
Proving the Elements of a Fatal Car Crash Involving Speeding
Proving the legal elements of a fatal car accident resulting from another driver’s speeding involves demonstrating certain key factors that establish negligence. Negligence is a failure to take reasonable care to avoid causing harm to others, and in the case of a fatal car accident, the plaintiff (usually the family or estate of the deceased) must show that the speeding driver’s actions directly caused the victim’s death. The primary elements that must be proven in such cases are duty of care, breach of that duty, causation, and damages.
All drivers on the road have a legal duty to drive safely and follow traffic laws, including speed limits. The first step in proving a claim of negligence is establishing that the speeding driver owed the victim a duty of care. In a fatal car accident, this is generally not disputed, as all drivers are expected to act responsibly and follow the rules of the road.
The next element is proving that the speeding driver breached their duty of care. This is done by showing that the driver was exceeding the speed limit or driving too fast for roadway or weather conditions at the time of the accident. If a driver was speeding under conditions that require slower driving – such as poor visibility, rain, or construction zones – they likely breached their duty of care.
After establishing that the driver was speeding, the plaintiff must show that the speeding directly caused the fatal accident. This means demonstrating that the driver’s excessive speed made the accident more likely or more severe. For example, speeding can prevent the driver from being able to stop in time or may increase the force of a collision, leading to fatal injuries. The connection between speeding and the fatality must be clear and supported with evidence such as eyewitness testimony, accident reconstruction reports, or expert analysis.
Finally, to prove a fatal accident claim, the plaintiff must show that the deceased’s family or estate has suffered damages as a result of the loss. This can include funeral expenses, loss of income, emotional distress, loss of care, loss of guidance, and loss of companionship.
Recoverable Compensation in a Fatal Car Crash
When a fatal car accident occurs due to speeding, the family and estate of the deceased may be entitled to compensation under the Fatal Accidents Act. This Act allows survivors to recover damages for the losses they have suffered because of their loved one’s death. The amount of recoverable compensation depends on the circumstances of the accident and the effect on the survivors. The two main categories of damages are economic damages and non-economic damages.
Economic damages are financial losses directly resulting from the victim’s death. These include:
- Loss of Income: If the deceased was the primary income earner in the family, the survivors can recover compensation for the income they have lost. This includes not only the salary or earnings the deceased would have earned but also potential future income and benefits, such as pension contributions and bonuses, had the person lived.
- Funeral and Burial Costs: The expenses related to the funeral and burial can also be claimed under economic damages. These costs may include funeral services, burial fees, and related expenses such as transportation or memorial services.
- Loss of Household Services: If the deceased provided valuable household services – such as childcare, home maintenance, or other unpaid work – the survivors can claim compensation for the value of those services, especially if they now have to pay for help or take on these responsibilities themselves.
Non-economic damages are intended to compensate for the emotional and psychological effects of the loss. These are harder to quantify but still significant.
- Loss of Care, Guidance, and Companionship: Under the Fatal Accidents Act, surviving family members can receive compensation for the emotional toll of losing the deceased. This includes loss of emotional support, guidance, and companionship of the loved one. Spouses, children, and sometimes parents may be eligible to receive compensation for this loss.
- Pain and Suffering: While this generally applies to the victim before death, if the deceased experienced pain and suffering due to the accident (such as physical pain from injuries before passing away), compensation can be claimed by the estate.
In cases where the speeding driver’s actions were particularly reckless or intentional, punitive damages may be awarded. These damages are meant to punish the wrongdoer and deter others from similar conduct. However, they are less common in fatal accident claims unless extreme negligence or gross misconduct is proven.
What is Wrongful Death Litigation?
Wrongful death litigation stemming from a fatal car accident is a legal process that allows the surviving family members of the deceased to recover compensation for their loss. The process typically begins with filing a lawsuit and can end with either a trial or an alternative dispute resolution proceeding, like mediation or arbitration.
The first step in wrongful death litigation is filing a lawsuit in civil court. The family members (or the estate) of the deceased, often referred to as the plaintiffs, will initiate the lawsuit against the negligent driver or other responsible parties (defendants). In this case, the lawsuit will allege that the defendant’s speeding caused the fatal accident and directly led to the victim’s death. The plaintiffs will seek damages for their economic and non-economic losses, as outlined under Alberta’s Fatal Accidents Act.
Once the lawsuit is filed, both sides will begin the discovery process. This is when each party gathers evidence and information to build their case. The plaintiffs may collect evidence such as accident reports, witness statements, medical records, and expert testimony to show that the speeding driver was negligent and caused the fatal accident. The defendant will also gather evidence to support their defence, which may involve disputing the cause of the accident or arguing that the death was not directly linked to speeding.
During discovery, both sides may exchange documents, conduct depositions (interviews under oath), and request other forms of evidence to clarify the facts surrounding the accident. This phase helps both parties understand the strengths and weaknesses of the case.
Before going to trial, the parties may attempt to reach a settlement. Settlement negotiations often occur after discovery, as both sides have a better understanding of the case. In many wrongful death cases, the defendant’s insurance company will try to negotiate a settlement to avoid the uncertainty and expense of a trial. Alternatively, the parties may participate in mediation – a form of alternative dispute resolution where a neutral third party helps facilitate a compromise.
If a settlement cannot be reached, the case will go to trial. At trial, both sides present their evidence and make arguments in front of a judge (and sometimes a jury). The plaintiffs will need to prove that the defendant’s speeding directly caused the death, and the defendant will attempt to refute this claim. If the jury or judge finds the defendant liable, the plaintiffs may receive compensation for their damages, including loss of income, emotional suffering, and funeral expenses.
How Can a Lawyer Help with a Wrongful Death Case Involving a Car Crash?
In a fatal car accident case resulting from another driver’s speeding, retaining a knowledgeable wrongful death lawyer can be crucial for the surviving family members seeking justice and compensation. A skilled lawyer has the knowledge and experience to navigate wrongful death claims effectively and can provide invaluable assistance throughout the entire legal process.
First, an experienced wrongful death lawyer can investigate the fatal accident by gathering important evidence to support the case. This may involve obtaining police reports, accident scene photos, traffic camera footage, and witness statements. In cases involving speeding, the lawyer may work with accident reconstruction experts who can analyze the crash dynamics to prove that the driver’s speed directly caused or worsened the accident. A thorough investigation is key to establishing liability, and an experienced lawyer will know how to uncover the details necessary to build a strong case.
Wrongful death claims allow the surviving family members to receive compensation for various damages they suffered, including lost income, funeral expenses, and emotional distress. A knowledgeable lawyer will help the family understand their legal rights under the Fatal Accidents Act and ensure that they seek the full compensation to which they are entitled. This can include economic damages, like loss of the deceased’s financial support, and non-economic damages, such as loss of companionship and emotional suffering.
Dealing with insurance companies can be one of the most challenging aspects of a wrongful death case. Insurers often try to minimize payouts, and they may attempt to shift blame or deny claims. A wrongful death lawyer will handle all communications with the insurance companies on behalf of the family, ensuring that they don’t get taken advantage of. Lawyers can also negotiate a fair settlement that reflects the true value of the loss, helping the family avoid lowball offers.
If the case goes to trial, having a knowledgeable lawyer on board is essential. The lawyer will prepare the case for court, presenting evidence, calling witnesses, and arguing that the defendant’s speeding caused the fatal accident. A skilled wrongful death lawyer will know how to effectively advocate for the family’s interests and pursue a verdict that provides adequate compensation for the loss.
Contact a Knowledgeable Wrongful Death Lawyer about Your Options Right Away
If you lost a loved one in a fatal car crash, you and your family may be entitled to compensation for your various losses. A skilled Edmonton personal injury lawyer will go over your options with you, file a claim or lawsuit on behalf of the estate, and pursue the compensation that you and your family deserve at this difficult time.
