Ylla Gosney Attorneys at Law represents victims of car accidents in Tulsa. Every car accident brings its own share of challenges, but a fatal car accident is obviously much worse. Even seemingly minor collisions can result in fatal injuries under the right conditions, so it’s helpful to know what your family’s options are in this situation. Contact us today for a free consultation.
Should You Hire a Lawyer After a Fatal Car Accident in Tulsa?
Even though you’re not required to hire a lawyer after a fatal car accident in Tulsa, there are times when having experienced legal support is crucial–especially after losing a loved one in such an incident. Whether you were directly involved in the accident or not, having our team by your side can provide essential guidance and support for you and your family, including:
- Putting together a tailored strategy for your unique situation.
- Gathering critical evidence to strengthen your claim.
- Clearly explaining your legal options.
- Supporting you throughout the legal process if you decide to move forward.
As with all our clients, we want to make the legal process easier for you and your family. We know that coping with the aftermath of a fatal car accident is never easy, but we can help you or your family get the financial and legal support needed to move forward.
How Does the Claims Process Differ in a Fatal Car Accident?
Losing your life or the life of a loved one is by far the worst outcome that can happen in a car accident in Tulsa. But, there’s still a legal process in place to address them. While it has many of the same similarities of a typical car accident, there are a couple big differences.
First and foremost, it’s the type of claim that’s filed. It’s called a “wrongful death” claim, and it’s a specific type of injury claim filed when someone dies from injuries in a car accident. It differs from a regular car accident claim because only certain individuals–executors of the estate (usually named in the will)–are allowed to file it in Oklahoma.
The process for filing a wrongful death claim is similar to other injury claims, starting with an insurance claim or a lawsuit in court. However, the damages involved are also a bit different:
- Funeral expenses – These cover the costs of the funeral, burial, or cremation, including all related services and fees.
- Loss of financial support – These damages are for the income the deceased would have provided to the family.
- Loss of companionship – These damages are built around the emotional and social loss of the deceased’s presence and support.
- Emotional distress – These damages address the pain and grief felt by the surviving family members due to the loss.
Fatal car accidents are especially difficult, and they affect not only the victim but also the entire family. It’s important to act quickly if you’re considering a wrongful death claim, as Oklahoma law gives you two years from the date of death to file. So, you have to act quickly, but it’s also important to understand who the claim will be filed against.
Who Pays for Damages After a Fatal Car Accident in Tulsa?
One area where a fatal car accident is the same as any other kind of car accident is in figuring out who has to pay for damages. Even in a fatal car accident, liability is established by showing negligence. In most cases, it’ll mean showing:
- The driver was expected to drive safely.
- They failed to do so.
- Their unsafe driving caused the accident.
- The accident resulted in someone’s death.
In a fatal car accident, multiple parties may share responsibility. It’s not always just the driver involved in the crash. So, it’s important to look at the details of the accident and see if anyone else was involved, like:
- Other drivers – Anyone else involved in the crash could be responsible, especially if they were speeding, distracted, or driving recklessly.
- The vehicle owner – If the person driving didn’t own the car, the owner could be liable, especially if they let someone drive who wasn’t fit to be behind the wheel.
- Car manufacturers – If a defect or malfunction in the car caused the accident, the manufacturer could be held accountable.
- Tulsa city or state government – Poor road conditions, like potholes or faulty traffic signals, can contribute to accidents, making the government responsible for maintenance issues.
- Employers – If the driver was working or using a company vehicle at the time of the accident, the employer might be liable for damages.
Figuring out who is at fault involves looking at all these factors. Each one helps determine who will be responsible for covering the damages and other support that you or your family can get. But, as with any claim, steps need to be taken to strengthen and protect a claim.
How to Strengthen a Wrongful Death Claim in Tulsa
Even if you have a valid wrongful death claim, you still need to prove the extent of your losses and damages. Building a strong case can be difficult, especially after a fatal accident, but it’s essential. Here’s how you can strengthen your claim:
- Report the accident – Call 911 right away to involve Tulsa Police, Tulsa County Sheriff’s Office, or Oklahoma Highway Patrol. Make sure anyone with injuries gets medical attention.
- Collect information and evidence at the scene – If possible, gather contact details and statements from witnesses. Keep important evidence like medical records, photos, and videos from the scene.
- Keep track of expenses – Record all costs related to the accident, including medical and funeral expenses, to show the financial impact on your family.
- Preserve evidence – Keep all evidence intact, including the vehicle and any other damaged property.
A fatal car accident in particular makes taking these steps extremely difficult–even impossible if you’re the one with fatal injuries. Yet, like any accident claim, taking these steps and gathering this information forms the foundation of a claim.
How Do Fatal Car Accidents Happen in Tulsa?
As you can probably tell, any car accident can potentially be fatal–especially when the negligence of someone else is involved. But this doesn’t change the tragic nature and fallout of these accidents. There’s no way around it; it’s incredibly sad when a fatal car accident happens. No matter how hard it is to think about, it’s important to look at the underlying causes so you can be prepared:
- Driving under the influence – Alcohol and drugs make it hard to think clearly and react quickly, leading to more accidents and making them worse.
- Distracted driving – Using your phone, texting, or anything that takes your focus off the road can cause deadly crashes.
- Speeding – Driving too fast reduces your ability to react in time and makes accidents more dangerous.
- Reckless driving – Aggressive behaviors like tailgating or running red lights can cause fatal accidents.
- Drowsy driving – Driving when you’re tired can be just as dangerous as driving drunk, leading to slow reactions and bad decisions.
- Bad road conditions – Issues like potholes or unclear signs can lead to accidents, especially if drivers aren’t careful.
- Car problems – Mechanical issues, like bad brakes or tires, can cause serious accidents if not fixed.
- Inexperienced drivers – New drivers might make dangerous mistakes in tricky driving situations.
- Breaking traffic rules – Running red lights or not yielding can cause serious or fatal crashes.
Any of these reasons could be why your family is facing the aftermath of a fatal accident. It’s important to act quickly and take the right steps to build a strong case. Our team will be there to help you or your family with this.
Contact Ylla Gosney After a Fatal Car Accident in Tulsa
Losing someone in a fatal car accident is among the toughest things any family can experience. Our team at Ylla Gosney, Attorneys at Law takes our responsibility to clients in this situation very seriously. We can guide you or your family through the process and help you. If you’ve lost a loved one in a fatal car accident in Tulsa, contact us today for a free consultation.
