3 Mistakes to Avoid after a Hit and Run Accident

Most conscientious motorists could not even fathom driving off after striking another vehicle or pedestrian, but the truth is hit-and-run collisions are a lot more common than many drivers realize. According to the AAA Foundation for Traffic Safety, roughly 11 percent of all reported crashes involve at least one motorist who flees the scene.

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3 Tips for Driving in Snowy Weather This Holiday Season

Driving in snow, sleet, or hail is not a major concern for motorists in Texas—unless they plan on heading north for the holidays. Traveling around Christmas and New Year’s Eve is already fairly dangerous because of the additional traffic and increased likelihood of coming across drunk, distracted, and drowsy drivers.

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2 Separate Collisions on the Same Day Resulted in 4 Fatalities

According to My Statesman, two separate car wrecks that occurred in Austin on the same Saturday earlier this month resulted in four total fatalities. Sadly, the tragic collisions happened within a few hours of each other, keeping responders and local police busy performing the subsequent investigations.

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How Do You Know If You Have Been the Victim of Medical Malpractice?

If you recently underwent a medical procedure but you did not achieve the results you were hoping for—or serious complications have since arisen—you may be wondering if you were the victim of medical malpractice. Although there is a chance you received substandard care, it is important to remember that healthcare is an imperfect science, and every procedure comes with certain risks.

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4 Tips to Help You Avoid Drowsy Driving Over Thanksgiving Weekend

If you are planning on using Thanksgiving weekend to catch up with loved ones who do not live nearby, it is essential that you take certain steps to avoid causing a motor vehicle collision en route. For example, you should schedule a visit to your mechanic before making the trip to ensure all the fluid levels are topped off and the tire pressure is ideal.

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How is fault proven in a wrongful death lawsuit?

Accidents befall people every day and there is really nothing anyone can do about it. You hear of various tragedies all the time which involve car accidents, murders, assaults etc., and it makes you wonder whether there is any justice for the people who lose their lives due to these mishaps. Well there can be, in the form of a wrongful death lawsuit.

The first prerequisite in filing a wrongful death law suit is that you have to be related to the deceased in some capacity. This means that only immediate family members like parents, spouse, children or grandchildren can file these suits, while in certain cases legal guardians and / or extended family members might be allowed to do so, as well.

The Main Elements of a Wrongful Death Case

For you to file a wrongful death suit and hope to have a chance of winning, you need to prove four basic elements before you can proceed. These are:

  • The death of the deceased was caused by the party you are suing. The extent of their involvement also needs to be proved in this case
  • The death of the deceased was caused as a direct result of the actions of the defendant
  • The death of the deceased has a direct effect on your life, as well as the lives of any dependents (children, parents etc.) and you need compensation to provide for yourself or for them
  • The death of the deceased led to monetary damages that you are unable to pay

Before taking any action, keep in mind that these elements, while extremely important for any wrongful death law suit, may differ from one state to the next. It is possible that some state’s laws are in favor of the defendant or vice versa, and the best way to make sure is to consult a wrongful death attorney beforehand.

Proving Negligence

While we have already talked about four very important elements that need to be proved in almost every wrongful death law suit, one factor that is detrimental to every such case is negligence. The Merriam-Webster dictionary defines it as a “failure to exercise the care that a reasonably prudent person would exercise in like circumstances.”

For example, if a doctor performing a surgery is distracted and makes a blunder that directly led to the death of a person, then that doctor will be considered negligent in this case and is liable to be sued by the victim’s family. Another example can be that of a drunk driver, who caused an accident leading to another person’s death. In this case, the driver will be considered negligent as he was driving under the influence of alcohol.

The most important factor when it comes to negligence, however, is to definitively prove that there was any in the first place. You need to prove the defendant had a direct hand in the deceased person’s death, for which you will require some form of evidence, or witness testimony. These aspects of the case are best left up to a capable wrongful death attorney.