Cherry Hill Fatal Car Accident Lawyer

Car accidents are always terrifying and traumatic, but when a car accident ends in a fatality, the tragedy has long-term emotional and economic effects on the entire family. After a fatal car accident in Cherry Hill, family members may feel bewildered and overwhelmed. Taking purposeful action can be difficult, but a fatal car accident claim helps grieving family members achieve financial accountability and a sense of justice for their lost loved one.

What Happens After a Fatal Car Accident In a No-Fault Insurance State Like New Jersey?

New Jersey is one of a handful of no-fault insurance states that requires car accident victims to file claims against their own personal injury protection (PIP) insurance policy. Unfortunately, most New Jersey residents carry only the minimum insurance requirement which is rarely enough coverage for catastrophic injury or death. After a fatal car accident, the repercussions to close loved ones are emotionally devastating and also often cause financial hardship. In cases of permanent injury, New Jersey allows injury victims to file lawsuits to recover more than the limits of the injury victim’s insurance policy if another driver is at fault. If a negligent or reckless driver causes a death, the decedent’s immediate family members may recover compensation for their damages through a New Jersey wrongful death lawsuit. 

After a fatal car accident in Cherry Hill, the executor of the decedent’s will or estate plan may file a wrongful death claim against the at-fault party. If the deceased loved one didn’t leave a will, the court will appoint a family representative to file a claim.

Filing a Wrongful Death Claim After a Fatal Car Accident In Cherry Hill

Under New Jersey § 2A: 31-1, the law states the following:

“When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances amounting in law to a crime.”

Under this statute, a family representative may file a wrongful death claim after a fatal car accident in New Jersey if the circumstances of the injury would have allowed the decedent to file a personal injury lawsuit had they survived their injury.

What Types of New Jersey Car Accidents Cause Fatalities?

Fortunately, the majority of car accidents do not result in fatalities, but those statistics are no comfort for those who’ve suffered the loss of a loved one. There were 236,702 car accidents in New Jersey in 2022. According to the National Safety Council, the most common types of fatal car accidents in a single recent year include the following:

• 8,800 T-bone (angle) collisions
• 5,800 head-on collisions
• 3,400 rear-end collisions
• There were 1,600 sideswipe accidents

Single-car accidents aren’t as common as two-car collisions, but some single-car accidents such as rollovers and roadway departures, also result in fatalities.

What Causes Fatal Car Accidents In Cherry Hill?

New Jersey’s busy roadways and confusing intersections see car accidents every day. There were 236,702 car accidents in New Jersey in 2022 alone—the most recent year with fully analyzed data. Most car accidents in Cherry Hill and throughout New Jersey result from driver error. Common causes of car accidents—including fatal car accidents—include the following:

• Speeding
• Distracted driving
• Tailgating
• Failure to yield the right of way
• Unsafe lane changes
• Improper merging
• Intoxicated driving

Less commonly car accidents happen due to inclement weather conditions, poorly designed intersections, or defective auto parts. In some cases, the liable party after a fatal car accident is an entity other than a driver, like a negligent road maintenance agency or the manufacturer of a defective car part.

Proving Liability After Fatal Car Accident In New Jersey

After a fatal car accident in Cherry Hill, the family representative who files a wrongful death claim has the burden of proving liability. This requires providing compelling evidence of the at-fault party’s negligence to prove liability by showing the following:

• That the at-fault party owed a duty of care to others on the road
• They breached their duty through an act of negligence
• Their breach of duty directly caused the accident and fatality
• The family of the fatally injured individual suffered damages from the fatality

An experienced Cherry Hill wrongful death lawyer investigates the accident, documents compelling evidence of liability through the police report, eyewitness testimony, photos, and videos, and then carefully calculates the family’s damages to obtain the maximum compensation available.

What Damages Are Available to Family Members After a Fatal Car Accident In Cherry Hill?

A car accident is more than just terrifying and traumatic for survivors, it can also cause considerable financial hardship, especially when there’s been a tragic fatality. Common damages recovered in Cherry Hill car accident wrongful death claims include the following:

• Reimbursement for medical expenses if the accident victim had medical care before their death
• Lost wages for a spouse, parent, or adult child for missed work days after the death
• Funeral and burial costs
• Lost wages for the number of working years left to the decedent had they not died from the accident
• Lost benefits like health insurance and retirement contributions
• Loss of consortium and companionship (for the death of a spouse)
• Loss of support and guidance (for the death of a parent)

New Jersey’s wrongful death statute does not allow family members to recover compensation for non-economic damages like grief and anguish but may allow compensation claims for emotional distress if a loved one witnessed the death, such as another family member who was also in the car during the accident.

How Can a Fatal Car Accident Attorney In Cherry Hill Help?

The weeks and months after a sudden death in the family are difficult to navigate, requiring loved ones to focus on supporting each other through their grief. No one should have to take on the strain of a legal claim for compensation after suffering a sudden tragic loss. Instead of navigating this critical process alone, call our car accident lawyers in Cherry Hill who have years of experience and a track record of favorable results in Cherry Hill fatal car accident claims.