Accidents involving automobiles, trucks, and buses can lead to catastrophic injuries and, in the most tragic cases, wrongful death. In Washington State, the legal framework surrounding wrongful death claims allows surviving family members to seek compensation for their loss due to the negligence or wrongful acts of another party.
When a loved one dies, we feel intense pain and grief. It is usually very hard to completely recover from the death of a loved one. We always want to find out what happened and if our search shows that the death was caused by the negligence of others, anger often accompanies that pain.
This anger can be channeled into filing a wrongful death claim and although a successful wrongful death lawsuit can’t bring the victim back, it gives their loved ones closure and some compensation for their loss.
Let Oshan and associates be your advocate, our Seattle wrongful death attorneys are very passionate about getting you the justice you deserve. We will utilize our resources and ensure that you are awarded with the full compensation you deserve.
Evan M. Oshan and his team are not afraid to go against powerful corporations or the government. With his ‘never say defeat’ spirit and his push to represent the best of his Clients' interests Evan M. Oshan has been called a warrior for justice. Evan Oshan has experience working with all types of personal injury claims in the state of Washington including but not limited to car accidents , bus accidents, truck accidents, and more.
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Wrongful death occurs when an individual dies due to the negligent or intentional actions of another party. In the context of vehicular accidents, this can include collisions involving passenger cars, commercial trucks, and buses. When a wrongful death claim is filed, survivors seek compensation for various losses, including:
- Loss of companionship and emotional support
- Funeral and burial expenses
- Medical bills incurred before death
- Lost wages and future earnings
- Pain and suffering experienced by the deceased before death
In Washington State, wrongful death claims are governed by RCW 4.20.010, which allows specific family members to file a claim. Eligible plaintiffs typically include:
- Surviving spouse or domestic partner
- Children of the deceased
- Parents or siblings if no other relatives are present
The statute of limitations for filing a wrongful death claim in Washington is three years from the date of death, making it crucial for families to act promptly.
There are different instances in which a wrongful death can occur. But as long as it is proven a person died because the other party acted negligently and with a disregard for another’s safety or with the intent to kill or harm. The instances themselves are rarely peculiar. Some of these incidents include:
No matter what the cause of the death was, our wrongful death attorneys will ensure that you get the full compensation you deserve without settling for less.
Understanding the scope of the problem requires examining relevant statistics that highlight the frequency and severity of auto, truck, and bus accidents in Washington State.
According to the Washington State Department of Transportation (WSDOT), there were 108,000 total vehicle collisions reported in Washington in 2020. Of these, 24,000 resulted in injuries, and tragically, 509 were fatal. The National Highway Traffic Safety Administration (NHTSA) reported that in 2019, Washington State had an estimated 541 motor vehicle fatalities, illustrating the ongoing dangers faced by drivers and passengers.
Specific factors contributing to auto accidents include:
- Distracted driving: In 2020, over 8,000 collisions were attributed to distracted driving, highlighting the serious impact of this behavior on road safety.
- Speeding: Speeding was a factor in approximately 20% of all fatal crashes in Washington, according to WSDOT data.
- Impaired driving: In 2019, nearly 30% of all traffic fatalities involved a driver under the influence of alcohol or drugs.
Truck accidents present unique challenges due to the size and weight of commercial vehicles. According to the Federal Motor Carrier Safety Administration (FMCSA), there were 4,842 large trucks involved in fatal crashes nationwide in 2020. In Washington State, the Department of Transportation reported approximately 2,000 truck-related accidents in 2020, with many resulting in serious injuries and fatalities. Factors contributing to semi truck accidents include:
- Fatalities: An estimated 5,000 people die in truck-related accidents each year in the U.S., with a significant portion occurring in Washington.
- Common causes: The FMCSA identifies driver fatigue, distracted driving, and speeding as leading causes of truck accidents, contributing to the high incidence of wrongful death claims.
Bus accidents, whether involving school buses, city transit buses, or charter buses, can also result in wrongful death cases. According to the American Public Transportation Association (APTA), there were over 300 fatalities related to bus incidents in the U.S. in 2019. In Washington, the state has seen its share of bus accidents, with over 1,200 incidents involving buses reported in recent years. Some pertinent statistics regarding bus accidents include:
- Passenger safety: While buses are generally safer than passenger vehicles, the sheer size and weight of buses can lead to severe injuries or fatalities in accidents.
- Causes of accidents: Common causes of bus accidents include driver error, mechanical failures, and unsafe driving conditions.
Understanding the common causes of wrongful death in auto, truck, and bus accidents can help families identify potential liability in their cases. Here are some prevalent factors contributing to these tragic incidents:
1. Distracted Driving - remains one of the leading causes of vehicle accidents in Washington State. This includes activities such as texting, talking on the phone, eating, or adjusting the radio. Distracted drivers are less likely to recognize hazardous situations, which can lead to collisions and, ultimately, wrongful death claims.
2. Speeding - reduces a driver's ability to react to sudden obstacles and increases the severity of crashes. In Washington, speeding is a significant contributor to fatal accidents, particularly in high-traffic areas where pedestrians and cyclists are present.
3. DUI / Driving Under the Influence - Impaired driving due to alcohol or drugs is a critical factor in wrongful death accidents. According to the Washington Traffic Safety Commission, approximately 30% of fatal crashes involve a driver who is under the influence. This negligence places everyone on the road at risk.
4. Poor Road Conditions - Road maintenance is vital for ensuring driver safety. Potholes, debris, and inadequate signage can contribute to accidents. In Washington State, local municipalities are responsible for maintaining road safety, and failures in this area can lead to liability for wrongful death claims.
5. Mechanical Failures - In truck and bus accidents - mechanical failures can have devastating consequences. Poor maintenance of vehicles can lead to brake failures, tire blowouts, and other malfunctions that may result in wrongful death. Both trucking companies and bus operators are responsible for ensuring their vehicles are in proper working order.
6. Driver Fatigue - Particularly in the trucking industry, driver fatigue is a significant concern. Long hours on the road without adequate rest can impair a driver's judgment and reaction times, leading to serious accidents. The FMCSA regulates driving hours to mitigate this risk, but violations still occur.
If you have lost a loved one due to a vehicular accident in Washington State, understanding the legal considerations surrounding wrongful death claims is crucial. You must establishing liability to succeed in a wrongful death claim. This typically involves demonstrating that the other party's negligence caused the accident that led to the death.
Evidence may include:
- Police reports
- Eyewitness statements
- Medical records
- Expert testimony (e.g., accident reconstruction specialists)
The statute of limitations for filing a wrongful death claim is three years from the date of death. It is vital for families to act promptly and consult with an attorney to ensure their rights are protected.
Families pursuing wrongful death claims may be entitled to various damages, including:
- Economic damages: These include medical expenses incurred before death, funeral and burial costs, and lost income or future earnings.
- Non-economic damages: These damages account for pain and suffering, loss of companionship, and emotional distress experienced by surviving family members.
Washington follows a comparative negligence system, which means that if the deceased was partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if a jury determines that the deceased was 20% responsible for the accident, their damages would be reduced by that amount.
Navigating a wrongful death claim can be emotionally and legally complex. Engaging an experienced wrongful death attorney can significantly impact the outcome of your case. Here are some essential ways our wrongnful death attorneys can help:
1. Legal Expertise - Attorneys specializing in wrongful death cases understand the intricacies of Washington State law, including statutes of limitations and the claims process. They can guide families through every step, ensuring compliance with legal requirements.
2. Investigation and Evidence Gathering - An attorney will conduct a thorough investigation to gather evidence supporting your claim. This may involve working with accident reconstruction experts, obtaining medical records, and collecting witness statements.
3. Negotiating with Insurance Companies - Insurance companies often aim to minimize payouts. An experienced attorney will negotiate on your behalf, advocating for fair compensation based on the circumstances of the case.
4. Trial Representation - If a fair settlement cannot be reached, your attorney will prepare your case for trial. This includes presenting evidence, calling witnesses, and making legal arguments before a judge or jury.
5. Emotional Support - The loss of a loved one is an incredibly challenging experience. An attorney can provide emotional support and guidance throughout the legal process, allowing families to focus on healing.
While the legal system provides avenues for seeking justice after a wrongful death, prevention is paramount. Here are some steps that can be taken to reduce the risk of fatal accidents on the road:
1. Education and Awareness - Raising awareness about the dangers of distracted driving, speeding, and impaired driving can help encourage safer driving behaviors. Public safety campaigns and educational programs can play a vital role in this effort.
2. Improved Road Infrastructure - Local governments must prioritize road maintenance and improvement. This includes fixing potholes, enhancing signage, and ensuring proper lighting in high-traffic areas. Investing in safer road infrastructure can significantly reduce the risk of fatal accidents.
3. Strict Enforcement of Traffic Laws - Law enforcement agencies should maintain strict enforcement of traffic laws, particularly regarding speeding, driving under the influence, and distracted driving. Increased patrols and the use of technology (e.g., speed cameras) can help deter unsafe behaviors.
4. Trucking Regulations - The trucking industry must adhere to strict regulations regarding driver hours, vehicle maintenance, and safety protocols. Ongoing training for drivers and regular vehicle inspections can help prevent accidents caused by fatigue or mechanical failures.
5. Public Transportation Safety - For bus accidents, maintaining high safety standards for public transportation is crucial. This includes regular maintenance of buses, training for drivers, and implementing safety measures to protect passengers.
Wrongful death resulting from auto, truck, and bus accidents is a tragic reality that affects families throughout Washington State. Understanding the legal framework, statistics, and common causes of these accidents is essential for navigating the complexities of wrongful death claims.
While the loss of a loved one is devastating, seeking justice through legal avenues can provide families with a sense of closure and financial support. If you or a loved one has experienced the loss of a family member due to a vehicular accident in Washington State, it is crucial to consult with an experienced wrongful death attorney. At Oshan & Associates, we are committed to advocating for families affected by wrongful death, ensuring that their rights are protected and that they receive the compensation they deserve. Contact us today for a consultation, and let us help you navigate the path toward justice and healing.
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