San Jose Fatal Drunk Driving Accident Lawyers
Drunk Driving Accident Wrongful Death
Reckless action on the part of a single driver is often times the cause of any auto accident: traveling at speeds greater than the posted limit, failing to take proper precautions when changing lanes or making turns, and driving distracted are all common causes of Northern California car accidents that can ultimately lead to personal injury, including wrongful death. In addition, drunk driving is also a common cause of motor accidents, accounting, by some estimates, for nearly 40% of auto accidents that result in wrongful death.
As with any other type of vehicular accident, the details surrounding a drunk driving crash need to be thoroughly examined to determine as accurately as possible the events that led up to the incident. The most critical evidence obviously deals with the state of mind of the suspected driver, particularly the blood alcohol concentration (BAC) tests administered at the scene of the incident, as well as the results from any field sobriety tests attempted by the suspected driver. In addition, other factors, such as the speed the involved vehicles were traveling at and any specific traffic infractions committed, that either directly or indirectly led to the wrongful death crash, are also important aspects of the case.
In many auto accidents, details surrounding the crash are sometimes vague, with fault often times being distributed amongst all parties involved. For example, even if it is determined that one motorist is more responsible for a crash than another, the less at fault motorist could still be deemed to have been, say, 30% responsible for having caused the accident. However, in accidents centered-around drunk driving, it is often much clearer as to who the negligent party was, with fault predominantly being awarded to the intoxicated party.
Wrongful death suits are filed by the family members of the individual or individuals who succumbed to injuries during the drunken driving accident. In the same manner that an injured individual may hold another motorist accountable for injuries sustained during an auto accident, family members who have lost a loved one are permitted by the court to hold negligent parties responsible for a wrongful death loss accountable for their actions in a court of law.
Damages pertaining to the loss of a loved one, including lost wages, loss of companionship, and even funeral costs in some cases may be awarded in compensatory damages. If you've recently lost a loved one to a drunken driving accident, please don't hesitate to contact the San Jose car accident wrongful death attorneys at Van Der Walde & Associates. Our experienced drunk driving accident attorneys will hold responsible parties accountable for their actions in a court of law, upholding the rights of your loved one every step of the way. For more information, and a free and confidential first consultation, please call a San Jose wrongful death attorney today at (877) 862-6288.
