When the Person Who Caused Your Car Accident Injuries Has Died

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A recent, terrible and fatal car accident involving a woman from Greenville, South Carolina illustrates a situation that is encountered with some frequency. The woman is alleged to have been driving north on a four-lane section of I-95 in Connecticut when she attempted to overtake a northbound tractor-trailer traveling in the right, northbound lane. The woman is thought to have maneuvered her car into the left, northbound lane but clipped the tractor-trailer while completing the passing maneuver. The woman thereafter crashed into the median and was struck by another vehicle. Because the Greenville woman was not wearing a seatbelt she was ejected from her vehicle. She died at the scene, as did a passenger in the other vehicle that struck the woman’s car. The driver of the other car that struck the woman’s vehicle sustained serious injuries. Assuming that the woman was at fault for causing the crash, can the passenger and driver in the other car recover compensation for their injuries even though she is deceased? The answer is yes.

The Good News: Death of a Tortfeasor Does Not Prevent You From Recovering Compensation

Just as you can file suit against a living tortfeasor for negligent or careless conduct that causes you injuries, so too can you file suit against the estate of a deceased tortfeasor whose carelessness or recklessness causes you injuries and losses. The lawsuit would be served on the personal representative of the decedent’s estate: that person who is designated by the court to handle the affairs of the deceased and distribute the decedent’s property. Unless there is a valid insurance policy in force, any compensation you are due and awarded would be paid out of the decedent’s estate.
If you or a loved one have been injured in a personal injury accident in which the alleged negligent party passed away, you must act swiftly if you wish to preserve your right to seek compensation. Contact Greenville attorney David R. Price, Jr. at the law firm of David R. Price, Jr., P.A. We commit ourselves to protecting our clients’ rights through quick and effective advocacy and action. Contact our office today by calling directly, or  contact us through our website to discuss your case with us.


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