Like most states, Kentucky defines wrongful death as a fatality that results from the negligence or wrongful act of another. Negligence involves doing something that a reasonable person would believe to be dangerous or failing to do what a reasonable person would view as safe in a particular situation. Wrongful acts, on the other hand, are actions that violate state, local or federal law.
Effectively, if someone causes a death by doing something illegal, irresponsible or inappropriate, they open themselves up to the potential of a wrongful death lawsuit. Surviving family members, including a spouse, children or even parents can bring a claim against someone who causes a fatal car crash.
There are so many ways that people can behave negligently or break the law at the wheel of a car that more often than not wrongful death lawsuits are options after fatal car wrecks. There are specific circumstances that may make it easier for surviving dependents to bring a claim against another party for a crash-related fatality.
Texting at the wheel is absolutely negligent
Quite a few people have the mistaken idea in their heads that they are the only person who can safely drive while typing a text or reading an email. The truth is that no one can safely drive if their hands, minds or eyes aren’t 100% dedicated to the task of driving safely.
When another person chooses to text, email or post on social media while in control of a vehicle, their negligence could very likely result in the death of someone else on the road. As a surviving family member or dependent of someone who died in a texting-related crash, you likely have a strong case for wrongful death compensation.
Impaired driving is both negligent and wrongful
There are clear laws in place in Kentucky against operating a motor vehicle while under the influence of alcohol, illegal drugs and even certain prescriptions. Anyone who gets behind the wheel while impaired by a substance endangers others unnecessarily.
You can likely bring a wrongful death lawsuit against an impaired driver who causes a fatal wreck. Even if the state is unable to convict them of an impaired driving charge, you may still be able to successfully bring a civil action against them for the impact their decision has had on your life.
Dangerous driving practices, like racing, also generate liability
The more egregious and dangerous the behavior of the other driver, be more straightforward it will be for you to prove their actions were the direct cause of the loss of your loved one. Reviewing the police report related to the crash, as well as statements from witnesses and even traffic or security cameras nearby can help you determine if the documentation support allegations of reckless driving or unsafe behavior.