After a family member dies in a car collision, it is possible that their relatives can be compensated through a wrongful death lawsuit, or a settlement agreement related to the same incident.
A 56 year old woman who was a well known and liked school district employee died near Crescent, Iowa in a motor vehicle accident.
Young driver speeds across center road line and kills a teacher
Police believe that the collision happened in Pottawattamie County on Old Lincoln Highway near the intersection of Missouri Ave. A 21 year old man in a car going the opposite direction when straight into the victim’s vehicle. The victim was killed from the impact at the scene.
Police believe that excessive speed and alcohol may have caused him to cross the center dividing line. At the time of the news report, there had been no citations issued or charges filed. The second driver was staying in the hospital at Nebraska Medicine and expecting to be released soon.
The victim had worked at nearby Saddlebrook Elementary for approximately 20 years helping kids with learning disabilities. She was a favorite of her students and respected in the local community. Her daughters were angry at the suspect, saying that they plan on taking legal action against him. Both the victim’s coworkers at the school and students set up a fund to raise money for her family.
Proving negligence in order to collect money from a driver at fault
A negligence case is the legal term for the area of tort law where the plaintiff alleges that the defendant violated their duty of care and caused some kind of harm. If a plaintiff is successful, the defendant will have to pay for all of their losses, plus the possibility of additional costs for things like emotional pain caused by the accident. The damages claimed after a civil lawsuit are usually much larger than what most insurance policies will pay out to victims.
In a situation like this, the fact that the driver responsible for the accident crossed over the center line would be used to prove fault. There are also accusations that he may have been speeding or intoxicated at the same time as well. Any violations of traffic laws or criminal laws can be used as strong evidence of negligence during a trial or negotiations for a settlement agreement. If there is overwhelming evidence of the defendant’s fault, the parties will likely conclude the case with a settlement that pays the victim for most of their losses rather than spending time at trial.
Find out if you should bring a civil case against a negligent driver
If you need to talk to a person injury lawyer about a recent motor vehicle collision or the death of a family member, there is help available. To learn more about civil lawsuits, contact:
1921 51st Street NE, Cedar Rapids, IA 52402-2400