It's always tragic and difficult to deal with a loved one's sudden passing, and perhaps more so when it's unexpected. A fatal car accident can take you by surprise, and it can be made even worse if the accident was due to the negligence of the other driver or if the driver hit your loved one while walking.

It is possible to claim a wrongful death lawsuit in some fatal car accidents to receive compensation for funeral expenses, pain and suffering, and more. When is a fatal car accident considered wrongful death? Contact a car accident lawyer to help you with your case, but here are some cases in which you might be able to file a lawsuit.

Drunk Or Drugged Driving

If your loved one was involved in a fatal car accident with someone who was either drunk or on drugs at the time and was unable to operate the vehicle in a safe manner, then you may have a case for a wrongful death lawsuit. Drunk and drugged driving is illegal in every state and can carry some serious jail time and fines especially if death occurred.

You can also file a potential wrongful death lawsuit to receive damages from the driver or their estate in this event. Your car accident lawyer will go over how drunk or drugged driving can be proven in court and help to get the necessary documentation from the police including breathalyzer results and traffic camera footage or dashcam footage.

Distracted Or Reckless Driving

Another potential wrongful death lawsuit that your car accident lawyer may be able to pursue is if the other driver was driving while distracted such as talking or texting on their cell phone or changing the radio at the time of the accident.

While it can be harder to prove, it's not impossible, and there are ways the police are able to determine distracted driving. This can include the other car's dashcam footage, traffic cameras, the position of the driver's cell phone, for example, where it landed after the crash, and eyewitness reports.

Reckless driving is another potential wrongful death lawsuit. This can include if the driver ran a red light, was changing lanes without signaling or in a dangerous manner, or wasn't driving to the conditions of the road.

This can also include excessive speeding or even street racing. This is easier to prove in court as often times there are skid marks where the car tried to slow or stop as well as eyewitnesses to the act.