Losing a child in a car accident is an incredible tragedy, but if you are also dealing with medical bills, lost time at work, funeral expenses, or similar costs, that can amplify your tragedy. To reduce some of the financial burden related to losing your child, consider contacting a car accident lawyer.
They can help you assess liability and figure out who may be liable for your accident. Then, they can help you attempt to get a pay out to cover your expenses. Depending on the specifics in your situation, here are some of the potential parties who may be held negligent.
1. The At-Fault Driver
If the accident was caused by another driver, their insurance may need to cover your expenses. Your accident attorney may be able to bring a claim against the driver themselves as well. If the driver is not adequately insured, a claim may result in their wages being garnished or assets being seized.
You may be able to submit a claim for your child’s medical expenses or funeral costs. Additionally, you may be eligible for a payout to cover wages you lost after the accident or your pain and suffering.
2. Driver’s Employer
Unfortunately, if the driver is underinsured and doesn’t have any assets, it can be impossible to make them cover your expenses. Even a truly skilled accident attorney cannot draw metaphorical blood from a stone. However, an attorney can help you look in other directions.
If the driver at fault was working when the accident occurred, their employer may be held responsible. This is certainly true in cases where the driver was driving a company vehicle with a logo, but it can also be true in cases where the employee was driving their own car while on company time.
3. Car Seat Manufacturers
If you were the driver at fault, you need to think about whether or not the car seat contributed to the accident. If the car seat was manufactured incorrectly, the manufacturer may be liable for the injuries. Additionally, you may want to think outside the box. For example, if the instructions on how to use the car seat were not clear, your lawyer may be able to agree that the manufacturer contributed to the dangerous situation.
Similarly, if there were manufacturing issues with your vehicle, your attorney may be able to hold the car manufacturer liable. These are product liability cases, and the other party does not have to show intent to hurt you. They simply have to make a dangerous product.
4. Pedestrians or Other Drivers
In some cases, even if you were judged at fault for the accident, your lawyer still may be able to prove that another party contributed to the accident. For example, imagine that a pedestrian stepped into the crosswalk. He had his headphones on, and he was crossing the road against a “no walk” sign.
To avoid hitting you, you slammed on the brakes and your child was injured or died. In this case, the pedestrian was negligent about his safety duties, and an accident attorney may be able to hold them responsible in a court of law.
Similarly, if another driver was doing something distracting or dangerous, they too may be help liable for the accident.
In order to establish liability for a car accident, a lawyer must establish who had a duty of care and prove that it was breached. Then, he or she must prove that your damages were caused by the negligent party. Finally, they can start to argue the claim. If you are interested in obtaining justice for your child and relief for yourself financially, you may want to contact an accident attorney today.