How do you establish negligence for a fatal car accident?
Question Details:A family member of mine was killed when a SUV hydroplaned, crossed the yellow lines and crushed their mini van. There were 5 people in the van and 2 were killed. The police report only stated that they were exceeding the speed limit for the conditions. Does this establish negligence? If so, are we entitled to sue the other driver? He has $300,000 coverage limit, which will be quickly used up since there were so many passengers involved. Should we go after his personal finances? One of the other injured parties wants us to join them in the lawsuit, is this the best way to go about it?
I am sorry for your loss. Establishing negligence will depend on many factors that are case specific. Speed can be one of them, especially when the weather conditions are taken in to account. Generally the police report alone will not establish that for you.
Also, the attorney for the driver of the SUV may try and establish defenses to the allegations of negligence in order to attempt to mitigate - or reduce - their liability and ultimately the damages.
Joining another party in a lawsuit is a personal decision. Generally an attorney should not represent a driver and a passenger of the same vehicle. It can create a conflict. As for going against someone personally, you need to go through an entire trial for that and get a judgement that is enforceable. It is difficult to state from the facts given here if this is a good idea or not.
Consultations with attorneys in these type of cases are usually free. I would take advantage of that and interview some good attorneys in your area for this case. Then when you have all the information before you you can make a decision. Good luck.
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