Fatal Car Accidents

What is a survival action?

A survival action encompasses claims brought after a person’s death for non-fatal injuries the person sustained before death.[1] Survival actions are part of the deceased’s estate and they are different from wrongful death cases. If the injuries ultimately result in death, the survival claims become moot as those damages are recoverable under the wrongful death statute.[2] Nevertheless, a lawsuit may pursue both survival and wrongful death claims, especially when it is disputed whether the wrongful conduct was the proximate cause of death.

[1] N.C. Gen. Stat. § 28A-18-1.

[2] State Auto Ins. Co. v. Blind, 185 N.C. App. 707, 650 S.E.2d 25 (2007)

What are some examples of wrongful conduct?

With a car accident, the person at fault may have been negligent in more than one way. Drivers have a duty to use “ordinary care” in operating their vehicles, including the duty to “keep a reasonable lookout” and to “keep their vehicle under proper control.” Additionally, there are numerous safety statutes regarding motor vehicles, and violations of these statutes are negligence in and of themselves. Such violations could be exceeding the posted speed limit, running a stop sign, or running a red light.

What if the defendant is one of the wrongful death beneficiaries?

If a fatal auto accident was caused by one of the wrongful death beneficiaries, a claim can still be made on behalf of the other beneficiaries. For example, assume Adam and Brittany are a married couple with 2 children, Carla and Doug. Adam’s wrongful death beneficiaries are his wife and children – Brittany, Carla, and Doug. If Adam were to die in an automobile accident caused by Tom’s negligence, Brittany and Carla could bring a wrongful death case against Tom. Tom, however, is not entitled to share in the proceeds because he cannot profit from his own negligence.[1]

[1] See Carver v. Carver, 310 N.C. 663, 675, 314 S.E.2d 739, 743 (1984).

What is a survival action?

A survival action encompasses claims brought after a person’s death for non-fatal injuries the person sustained before death.[1] Survival actions are part of the deceased’s estate and they are different from wrongful death cases. If the injuries ultimately result in death, the survival claims become moot as those damages are recoverable under the wrongful death statute.[2] Nevertheless, a lawsuit may pursue both survival and wrongful death claims, especially when it is disputed whether the wrongful conduct was the proximate cause of death.

[1] N.C. Gen. Stat. § 28A-18-1.

[2] State Auto Ins. Co. v. Blind, 185 N.C. App. 707, 650 S.E.2d 25 (2007)

What is a survival action?

A survival action encompasses claims brought after a person’s death for non-fatal injuries the person sustained before death.[1] Survival actions are part of the deceased’s estate and they are different from wrongful death cases. If the injuries ultimately result in death, the survival claims become moot as those damages are recoverable under the wrongful death statute.[2] Nevertheless, a lawsuit may pursue both survival and wrongful death claims, especially when it is disputed whether the wrongful conduct was the proximate cause of death.[1] N.C. Gen. Stat. § 28A-18-1.[2] State Auto Ins. Co. v. Blind, 185 N.C. App. 707, 650 S.E.2d 25 (2007)

What are some examples of wrongful conduct?

With a car accident, the person at fault may have been negligent in more than one way. Drivers have a duty to use “ordinary care” in operating their vehicles, including the duty to “keep a reasonable lookout” and to “keep their vehicle under proper control.” Additionally, there are numerous safety statutes regarding motor vehicles, and violations of these statutes are negligence in and of themselves. Such violations could be exceeding the posted speed limit, running a stop sign, or running a red light.

What if the defendant is one of the wrongful death beneficiaries?

If a fatal auto accident was caused by one of the wrongful death beneficiaries, a claim can still be made on behalf of the other beneficiaries. For example, assume Adam and Brittany are a married couple with 2 children, Carla and Doug. Adam’s wrongful death beneficiaries are his wife and children – Brittany, Carla, and Doug. If Adam were to die in an automobile accident caused by Tom’s negligence, Brittany and Carla could bring a wrongful death case against Tom. Tom, however, is not entitled to share in the proceeds because he cannot profit from his own negligence.[1]

[1] See Carver v. Carver, 310 N.C. 663, 675, 314 S.E.2d 739, 743 (1984).

What is a survival action?

A survival action encompasses claims brought after a person’s death for non-fatal injuries the person sustained before death.[1] Survival actions are part of the deceased’s estate and they are different from wrongful death cases. If the injuries ultimately result in death, the survival claims become moot as those damages are recoverable under the wrongful death statute.[2] Nevertheless, a lawsuit may pursue both survival and wrongful death claims, especially when it is disputed whether the wrongful conduct was the proximate cause of death.

[1] N.C. Gen. Stat. § 28A-18-1.

[2] State Auto Ins. Co. v. Blind, 185 N.C. App. 707, 650 S.E.2d 25 (2007)

What are some examples of wrongful conduct?

With a car accident, the person at fault may have been negligent in more than one way. Drivers have a duty to use “ordinary care” in operating their vehicles, including the duty to “keep a reasonable lookout” and to “keep their vehicle under proper control.” Additionally, there are numerous safety statutes regarding motor vehicles, and violations of these statutes are negligence in and of themselves. Such violations could be exceeding the posted speed limit, running a stop sign, or running a red light.

What if the defendant is one of the wrongful death beneficiaries?

If a fatal auto accident was caused by one of the wrongful death beneficiaries, a claim can still be made on behalf of the other beneficiaries. For example, assume Adam and Brittany are a married couple with 2 children, Carla and Doug. Adam’s wrongful death beneficiaries are his wife and children – Brittany, Carla, and Doug. If Adam were to die in an automobile accident caused by Tom’s negligence, Brittany and Carla could bring a wrongful death case against Tom. Tom, however, is not entitled to share in the proceeds because he cannot profit from his own negligence.[1]

[1] See Carver v. Carver, 310 N.C. 663, 675, 314 S.E.2d 739, 743 (1984).

What is a survival action?

A survival action encompasses claims brought after a person’s death for non-fatal injuries the person sustained before death.[1] Survival actions are part of the deceased’s estate and they are different from wrongful death cases. If the injuries ultimately result in death, the survival claims become moot as those damages are recoverable under the wrongful death statute.[2] Nevertheless, a lawsuit may pursue both survival and wrongful death claims, especially when it is disputed whether the wrongful conduct was the proximate cause of death.

[1] N.C. Gen. Stat. § 28A-18-1.

[2] State Auto Ins. Co. v. Blind, 185 N.C. App. 707, 650 S.E.2d 25 (2007)

What is a survival action?

A survival action encompasses claims brought after a person’s death for non-fatal injuries the person sustained before death.[1] Survival actions are part of the deceased’s estate and they are different from wrongful death cases. If the injuries ultimately result in death, the survival claims become moot as those damages are recoverable under the wrongful death statute.[2] Nevertheless, a lawsuit may pursue both survival and wrongful death claims, especially when it is disputed whether the wrongful conduct was the proximate cause of death.[1] N.C. Gen. Stat. § 28A-18-1.[2] State Auto Ins. Co. v. Blind, 185 N.C. App. 707, 650 S.E.2d 25 (2007)

What are some examples of wrongful conduct?

With a car accident, the person at fault may have been negligent in more than one way. Drivers have a duty to use “ordinary care” in operating their vehicles, including the duty to “keep a reasonable lookout” and to “keep their vehicle under proper control.” Additionally, there are numerous safety statutes regarding motor vehicles, and violations of these statutes are negligence in and of themselves. Such violations could be exceeding the posted speed limit, running a stop sign, or running a red light.

What if the defendant is one of the wrongful death beneficiaries?

If a fatal auto accident was caused by one of the wrongful death beneficiaries, a claim can still be made on behalf of the other beneficiaries. For example, assume Adam and Brittany are a married couple with 2 children, Carla and Doug. Adam’s wrongful death beneficiaries are his wife and children – Brittany, Carla, and Doug. If Adam were to die in an automobile accident caused by Tom’s negligence, Brittany and Carla could bring a wrongful death case against Tom. Tom, however, is not entitled to share in the proceeds because he cannot profit from his own negligence.[1]

[1] See Carver v. Carver, 310 N.C. 663, 675, 314 S.E.2d 739, 743 (1984).

What is a survival action?

A survival action encompasses claims brought after a person’s death for non-fatal injuries the person sustained before death.[1] Survival actions are part of the deceased’s estate and they are different from wrongful death cases. If the injuries ultimately result in death, the survival claims become moot as those damages are recoverable under the wrongful death statute.[2] Nevertheless, a lawsuit may pursue both survival and wrongful death claims, especially when it is disputed whether the wrongful conduct was the proximate cause of death.

[1] N.C. Gen. Stat. § 28A-18-1.

[2] State Auto Ins. Co. v. Blind, 185 N.C. App. 707, 650 S.E.2d 25 (2007)