Ylla Gosney Attorneys at Law helps car accident victims in Oklahoma City. With so many vehicles in the city, the chances of being in a car accident are unfortunately pretty high. Even more regrettably, any car accident could end up being fatal. This is an extremely difficult situation, but you or your family still have legal options. To learn more, contact us today for a free consultation.
Should You Get a Lawyer After a Fatal Car Accident?
When you lose someone you care about in a fatal car accident, it’s obviously very tragic. And while it’s tough tot think about, there is a legal process in place to help you or other surviving loved ones in Oklahoma City. While you’re not required to have a lawyer–even in this difficult situation–having our team can make this incredibly challenging time easier for you.
Here’s how we can help:
- We can investigate the accident
- Figure out who is at fault
- Guide you or your family through the legal process, whether by negotiating with insurance companies or filing a wrongful death lawsuit
Losing a loved one in a fatal car accident is incredibly difficult. We’re here to help you through the claims process so you can focus on your family and moving forward.
What Claim Do You File After a Fatal Car Accident in Oklahoma City?
A fatal car accident isn’t just difficult in terms of your loss of a loved one, it can also be somewhat difficult legally. Like most other states, Oklahoma has a certain process in place when a car accident (or any other accident) results in a death. Instead of an injury claim, a “wrongful death” claim is filed.
But, Oklahoma has certain rules for wrongful death claims, mostly involving who can actually file it. According to the law, only the “personal representative” named in a will can file a wrongful death claim on behalf of surviving family members.
If the fatal accident happens unexpectedly and there is no will, a judge will appoint a personal representative for the deceased person’s estate.
At that point, the process becomes closer to a normal claim, where you can recover certain damages like:
- Loss of companionship
- Loss of parental support
- Loss of financial support or future earnings
- Funeral or burial expenses
- Medical expenses
- Emotional distress
- Pain and suffering
- Punitive damages, in some cases
In Oklahoma, you still only have two years from the date of death to file a wrongful death claim. But even before it gets to that point, you should probably look at who actually has to pay these damages.
Who Pays For Damages in a Fatal Car Accident Claim?
Being that a fatal car accident is still technically a car accident, figuring out who pays for your damages is going to be similar to any other accident. Namely, it means showing negligence that led to the accident and the loss of life.
However, the real-world application of liability isn’t always straightforward–even in a fatal car accident. Depending on the circumstances, any of the following could be responsible for covering damages:
- Other drivers involved in the accident
- Car owners, if they weren’t the ones driving
- Car or parts manufacturers, if a defect caused the crash
- Local government agencies, if poor road conditions contributed to the accident
- Employers, if the driver was in a company vehicle or on the job at the time
In fatal car accidents, the stakes are higher, making it even more important to figure out the important parts of your claim. This doesn’t just include who pays for your damages, but how these accidents happen.
What Causes Fatal Car Accidents in Oklahoma City?
Unfortunately, any car accident can be fatal, but certain situations and behaviors in Oklahoma City make these accidents more likely, such as:
- Driving under the influence – Alcohol or drugs impair judgment and reaction time, leading to serious accidents.
- Distracted driving – Texting, talking on the phone, or other distractions can result in deadly collisions.
- Speeding – Driving too fast reduces reaction time and increases the severity of accidents.
- Reckless driving – Aggressive behaviors like tailgating or running red lights can cause fatal crashes.
- Driving while drowsy – Drowsy driving, like driving under the influence, impairs reaction time and decision-making.
- Bad road conditions – Bad road quality or unclear signage can contribute to accidents, especially if drivers aren’t alert.
- Defects with cars or parts – Problems with a car or parts, like brake or tire issues, can lead to accidents if not properly maintained.
- Inexperienced drivers – Younger or less experienced drivers may make critical mistakes, leading to fatal accidents. These drivers are also prone to distractions while behind the wheel.
- Traffic violations – Running red lights or failing to yield can cause serious or fatal accidents, especially at one of the city’s many intersections.
Obviously, there’s many different causes of a car accident in Oklahoma City, but it’s worth repeating that any car accident has the potential to be fatal. If that happens, it’s vital to know what you or your family can do to strengthen a wrongful death claim.
How to Strengthen Your Family’s Wrongful Death Claim in Oklahoma City
After a fatal car accident in Oklahoma City, simply having the right to file a wrongful death claim doesn’t guarantee you’ll recover damages. To strengthen your claim, you need solid evidence. Here’s how to build a strong case in this tragic situation:
- Call 911 – Immediately call 911 so Oklahoma City police can arrive and manage the scene. Ask for an ambulance for any survivors that are injured to make sure they get medical attention, which also documents the injuries and ties them to the accident. If you can’t tell the seriousness of the situation, make sure to tell the dispatcher.
- Collect information from others involved – Gather names, contact details, driver’s license numbers, and insurance info from everyone involved. Get witness contact details too, as their statements can support your claim.
- Gather evidence at the scene – If it’s safe, take photos and videos of the accident scene, including vehicle damage and road conditions. Keep copies of the police report, medical records, and any other relevant documents.
- Document expenses – Document all related costs, such as medical bills and funeral expenses, to show the financial impact of the accident.
- Don’t admit fault – Avoid admitting fault or making statements that could be seen as playing a role in causing the accident
Following these steps ensures you have the necessary evidence for a strong wrongful death claim. It’s also important to understand the common causes of fatal car accidents in Oklahoma City.
Contact Ylla Gosney After a Fatal Car Accident in Oklahoma City
If you’ve lost a loved one in a fatal car accident in Oklahoma City, you don’t have to face the legal process alone. Our team at Ylla Gosney Attorneys at Law is here to help with your claim and provide the support you and your family need. Contact us today for a free consultation.
