What Should You Do if Your Loved One Was Involved in a Fatal Accident on I-95 Today in Maryland?
Losing a loved one as a result of a fatal accident on Interstate 95 in Maryland is devastating. Unfortunately, hundreds of people die as a result of crashes in the state of Maryland each year. Far too many of these accidents take place on Interstate 95. Given the fact that this is one of the most dangerous roads in our state and along the entire east coast, it is no surprise that families are forced to deal with the impacts that fatal accidents on this road bring.
Families are often forced to deal with overwhelming mental and financial consequences when a loved one is lost in a terrible wreck. After the loss of a loved one due to a fatal accident on I-95 in Maryland, it is important that families are aware of their rights in regard to compensation. Depending on the circumstances of the crash, families are able to pursue legal action. This can help to alleviate some of the financial burdens that they face during this difficult time.
Providing Notification of a Fatal I-95 Accident in Maryland
In Maryland, state law indicates that any person involved in a fatal car crash must provide written notice of the accident to their car insurance company (Maryland Transportation § 20-107). This report must be filed within 15 days from the date of the accident. If a person ends up passing away as a result of the accident, their surviving family members should reach out to law enforcement for a copy of the police report. This may be needed when filing an insurance claim.
Legal Options After a Fatal Auto Accident on I-95 in Maryland
In instances where individuals lose their lives in severe car or truck collisions, various parties are able to file lawsuits against the responsible party to ensure they are held to account. In Maryland, there are typically two options available for surviving family members to pursue. These include a wrongful death claim or a survival action claim. Each provides various benefits to bereaved families during these very difficult times.
Wrongful Death Claims
A wrongful death claim is one of the most common options that surviving family members take after the sudden and unexpected loss of a loved one due to a fatal I-95 car accident today in Maryland. Wrongful death claims follow closely the guidelines established in personal injury claims. However, instead of an injured party file a claim to recover compensation for their losses, the right to take legal action is passed onto another party, typically the spouse, child, or parent of the victim who passed away as a result of the accident.
In accordance with Maryland’s statute regarding wrongful deaths, Md. Courts and Judicial Proceedings § 3-904, specific immediate family members of the accident victim possess the authority to contest the at-fault driver’s negligence legally. The statute empowers the family member to recover damages on their personal behalf, which include the anguish, distress, and various financial consequences incurred due to the loss.
Survival Action Claims
The second option that surviving families are able to pursue is the survival action claim. This type of lawsuit, defined under MD Cts & Jud Pro Code § 6-401, can be initiated by the estate of the deceased victims and is often overseen by an appointed personal representative. Survival actions are initiated on behalf of a deceased individual and are designed to seek compensation for pain and suffering and various other tangible financial losses that the deceased victim endured prior to passing away.
No matter what type of legal action is pursued after the sudden and unexpected loss of a loved one, it is imperative to prove the factors that ultimately led to the accident taking place.
Factors That Contribute to Fatal Accidents on I-95 in Maryland
There are several common factors that contribute to fatal accidents on Interstate 95 in Maryland. Some of the most common include:
- Aggressive driving
- Tailgating the rear bumper of another vehicle
- Inadequate lane changes
- Inexperienced drivers
- Mechanical failures
- Switching lanes recklessly
- Failure to yield the right of way
- Improper merging
To determine the specific cause of the accident that claimed the life of your loved one, a thorough investigation is needed. Working with a wrongful death lawyer can provide you with the most comprehensive insight as to what took place at the time of the accident and who is at fault. Your attorney will be able to help with the crash investigation in order to uncover the strongest evidence possible against the defendant so that you can hold them accountable for their actions.
Why a Wrongful Death Lawyer’s Investigation Is Important
After a fatal accident on Interstate 95 in Maryland, the Maryland State Police will typically initiate a crash investigation. This investigation process will generally begin immediately after the accident. Law enforcement will respond right to the site of the accident and start to conduct their investigation.
Even though police reports provide deep insight as to what occurred at the time of the crash, having an investigative report performed by a wrongful death attorney and associated experts can further provide critical information that will essentially uncover how the actions of another driver contributed to the accident that ultimately claims the life of your loved one. This type of investigation is critically important, especially in cases where the law enforcement reports may conflict with the findings of your attorney.
Whether evaluating skid marks or damaged vehicles, the small details often help determine culpability accurately. This type of technical analysis often requires collaboration between experienced investigators and knowledgeable attorneys specializing in wrongful death cases. A skilled and dedicated attorney will have access to extensive resources and experts who can prove various details of the accident that help your case. Your attorney will take an aggressive approach toward proving your case and seeking justice on your behalf. It is important to act quickly to provide your family with the best chance of uncovering critical details surrounding what occurred.
Proving Liability After a Fatal I-95 Accident Today in Maryland
After losing a loved one in a fatal accident, certain surviving relatives have the legal right to file a wrongful death lawsuit. To recover compensation for your losses and damages, you must be able to prove liability. Proving liability involves demonstrating that the elements of negligence existed. When it comes to wrongful death claims, this includes proving the following:
- The defendant owed your loved one a duty of care while driving on Interstate 95.
- The defendant breached the duty of care and caused the accident on Interstate 95 that claimed your loved one’s life.
- You suffered damages as a result of the fatal accident.
Maryland is one of only five jurisdictions in the United States that follows the rule of contributory negligence. Unlike most other states, if a person loses their life as a result of an accident that took place in Maryland, their family must be able to prove that the defendant was 100 percent at fault for the accident. If the decedent contributed to the accident in any way, their family will be unable to recover any compensation for losses and damages. This type of a system places a considerable burden on individuals involved in accidents as they must prove that their loved one was completely innocent and not responsible for any aspect of the collision.
This makes it extremely important for you to seek guidance from a wrongful death lawyer as soon as possible after losing a loved one. Your attorney will be able to build the strongest case possible against the defendant and prove that they caused the accident and all of the damages you face. To prove your case, your attorney will thoroughly investigate the accident.
Protect Your Rights After Losing a Loved One in a Car Crash on I-95 in Maryland
After experiencing the loss of a loved one due to an Interstate 95 accident in Maryland, it is important for bereaved families to take the necessary steps to protect their rights and get justice. Seeking guidance from a skilled legal team can make a significant difference when it comes to your family’s ability to get compensation and hold the negligent party accountable.
Our caring team at i95accidentalerts.com understands how grief-stricken families must feel due to the loss of a loved one in an accident. We are here to provide essential support during this difficult time by helping you find qualified and experienced wrongful death attorneys who will vigorously fight for your rights and seek financial justice for you and your family.
With our help, we promise that no stone will go unturned when it comes to protecting your legal rights throughout this process and bringing justice in both a physical and emotional sense. Do not hesitate to reach out as soon as possible if you are looking for assistance after experiencing the loss of a loved one due to a fatal accident on Interstate 95 in Maryland.