Wrongful death lawsuits can arise from many different types of fatal accidents. What these cases generally have in common is an allegation that another person, business, manufacturer, property owner, or other responsible party caused or contributed to a preventable death.
A wrongful death lawyer may investigate not only what physically caused the fatal event but also the decisions and safety failures that preceded it. In serious accidents, several companies may share responsibility even though only one appears responsible immediately after the death.
Wrongful death laws differ among states, but cases commonly involve fatal motor vehicle crashes, workplace and industrial accidents, defective products, construction incidents, maritime accidents, fires, explosions, dangerous premises, and other deaths caused by negligence or wrongful conduct.
Fatal Vehicle and Commercial Truck Accidents
Motor vehicle collisions are a common source of wrongful death claims. Cases can involve passenger vehicles, commercial trucks, delivery vehicles, buses, motorcycles, rideshare vehicles, or other forms of transportation.
A fatal commercial trucking accident may require a broader investigation than an ordinary passenger-vehicle collision. Potential issues include driver fatigue, excessive speed, distracted driving, inadequate training, unsafe hiring, defective brakes or tires, negligent maintenance, improper cargo loading, and company operating practices.
Electronic vehicle data, driver logs, dispatch communications, maintenance records, inspection reports, onboard video, cell-phone information, and other evidence can become important.
Vehicle defects can create additional claims. A collision initially attributed entirely to driver error may also involve a defective tire, seat belt, seatback, roof, fuel system, airbag, or another component that caused or contributed to the death.
Industrial, Construction, and Workplace Deaths
Fatal workplace accidents can involve complicated relationships among employers, property owners, contractors, subcontractors, equipment manufacturers, and other companies operating at the same location.
Industrial and refinery deaths may result from explosions, fires, toxic releases, falls, equipment failures, electrocutions, confined-space incidents, or workers being struck or crushed by machinery. Oilfield operations present additional hazards involving drilling equipment, high-pressure systems, heavy tubulars, vehicles, combustible materials, and well-control events.
Construction deaths can involve falls, cranes, scaffolds, aerial lifts, collapsing structures, electrical hazards, excavations, and heavy equipment. Although workers’ compensation laws can affect claims against an employer, families may have separate claims against negligent third parties depending upon the circumstances and applicable law.
Some fatal accidents also involve conduct substantially more serious than ordinary negligence. When evidence shows gross negligence or conscious disregard of an extreme danger, punitive damages in wrongful death lawsuits may become an additional issue.
Defective Products and Dangerous Equipment
Manufacturers and other companies involved in distributing products may face liability when a defective product causes a death. Cases can involve automobiles, tires, industrial machinery, consumer products, batteries, tools, safety equipment, and many other products.
The investigation may focus on whether a product contained a design defect, manufacturing defect, or inadequate warning. Engineers and other qualified experts may need to inspect the product and determine how it failed.
Preserving the actual product can be critical. A damaged vehicle, machine, tire, component, or consumer product should not automatically be destroyed simply because an insurance investigation has concluded. Physical evidence can provide information that photographs alone cannot establish.
Product cases can also require examination of engineering records, testing, recalls, warranty claims, customer complaints, previous incidents, internal communications, and modifications made to later versions of a product.
Other Preventable Deaths Can Lead to Claims
Wrongful death law is not limited to vehicle and workplace accidents. Claims can arise from fires and explosions, dangerous property conditions, electrocutions, falls, drownings, negligent security, aviation accidents, maritime incidents, and many other preventable events.
The important question is generally not what label is attached to the accident. The investigation must determine what caused the death and whether another person or company violated a legal responsibility.
Some accidents involve several potential claims. A fatal fire, for example, could involve a defective product, unsafe property condition, improper installation, negligent maintenance, or contractor negligence. A maritime death can involve vessel operations, equipment failures, employer conduct, or specialized federal law.
The correct legal theory therefore depends upon the facts rather than simply the location or general category of the accident.
Determining What Type of Wrongful Death Case a Family Has
Families are not expected to identify the precise legal category of their case before contacting an attorney. A family may initially know only that a loved one died and that something about the circumstances does not make sense.
A proper investigation can identify responsible parties, preserve evidence, determine which laws apply, and evaluate potential claims. Corporate records, electronic data, internal communications, inspections, witness testimony, and expert analysis can help explain how an accident occurred and whether it could have been prevented.
Families who need an evaluation of a fatal accident can also learn about working with a wrongful death attorney when questions involve responsibility, evidence preservation, and available legal remedies.
No two wrongful death cases are exactly alike. Identifying the type of case is only the beginning. The more important task is determining what happened, who was legally responsible, what evidence proves the claim, and how the death affected the surviving family.
