Q: Can I sue for wrongful death if my loved one was killed by a distracted driver?
It could’ve been a scene from an action movie, but it wasn’t.
When the car collided with the motorcycle and the motorcyclist went flying, there was no stuntman and no cameras rolling. When the action stopped, there was only death–an allegedly wrongful death.
The real life characters in the above Hollywood motorcycle accident included an Uber driver with a passenger on board and a motorcyclist who was a cinematographer, producer, and film director—and father to a young boy.
As a result of the Uber ride-sharing accident, a wrongful death action was filed against Uber and its driver on behalf of the cinematographer’s teenage son, alleging that the Uber driver was negligently using– and became distracted by– the Uber app at the time of the crash. It was further alleged that the crash was due to the Uber driver illegally turning into the motorcyclist’s path causing the fatal impact. The motorcyclist died at the scene despite efforts of “Good Samaritans”.
A wrongful death action arises when someone is killed as a result of the negligence, product liability, medical malpractice, or intentional or reckless actions of another person or entity. It must be proven that the negligent or reckless conduct caused or contributed to the death. In the above case, at issue would be whether the Uber driver was guilty of distracted driving and/or was otherwise negligent or reckless in causing or contributing to the accident and resulting death.
Each wrongful death case is different and the type and amount of damages that can be sought depends on the relationship between the victim and their surviving close relatives. A skilled wrongful death attorney will help navigate the complex process. Recoverable damages may include such items as medical and funeral expenses related to the death itself, financial support the victim would’ve provided the survivors, and loss of care and companionship.
If a loved one has been killed as a result of the actions of another, The Law Firm of J&Y can evaluate your case for free and help maximize any recovery. While we can’t bring your loved one back, we can help reduce the financial burden that follows such a sudden and unexpected loss.
Call us at 888-806-6722. We assist clients throughout California from our offices in Los Angeles, San Diego, Rancho Cucamonga, Sacramento, and San Francisco.