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Can I Recover Compensation if the At-Fault Driver Dies in the Crash?

Each year, car accidents injure up to 50 million people and cause approximately 1.3 million fatalities. While car accidents can be stressful and traumatic. There are certain legal procedures that follow. Evaluating the damages, determining fault, and investigating for illegal activity. Are all part of the process. If you’re involved in a car accident where the at-fault driver died, you might be wondering if you can still recover compensation. Getting the right legal advice will help you in this delicate situation.

Keep reading to learn about your rights to compensation and where to find the best legal help.

Can You Hold a Driver Responsible for an Accident if They Died?

After an accident, it is important that everyone involved either get compensation or take the responsibility for the damages.

This is true even in accidents where the driver who died, was also responsible for the accident. They might have been driving recklessly, driving while intoxicated, or using electronics while driving.

When this happens, the person’s assets belong to their family members. Therefore, it is still possible to file a claim against the family. Whether the individual had a will or beneficiaries, you are entitled to a portion of their assets as compensation for damages on your side. If you sustained injuries, emotional trauma, and lost wages from time off work, you have the right to compensation.

How You Can Prove You Were Not at Fault

Gathering evidence after an accident is crucial if you want to make a claim. It is also important to involve your accident lawyer right away. The sooner you get the right legal help, the more likely it is that you will get the necessary compensation.

A lawyer that specializes in auto accidents can also help you navigate the complicated legal and administrative processes after an accident.

Here are some of the important steps to take to gather evidence after an accident to prove that you were not at fault:

  • Check for witnesses at the scene of the accident
  • Get names and phone numbers of the witnesses
  • Take photos and videos of the damages and the accident scene
  • Check for surveillance cameras in the surrounding area
  • Get checked by a doctor right away
  • Get evidence from police reports

These are important steps that will help make your case stronger. You will need to provide your legal team with medical and police reports in order to put together your claim.

Your lawyer can then help put their pieces of the accident together and create a letter for you that states the following:

  • The details of the damages you are claiming
  • The dollar amount that you are demanding for your claim
  • The evidence that states why you are entitled to these damages

With this information, the lawyer can present your letter to the deceased person’s family lawyer to begin the legal process. The more evidence you have, the stronger your claim will be. This is especially important in the case of the other driver being deceased.

What You Can Claim After a Fatal Accident That Was Not Your Fault

There are several important factors to consider when claiming compensation for car crashes. Assessing the damage the accident has caused you will be much like an accident where no one died, but the other driver was at fault.

Recovering accident damages means assessing the physical, mental, and emotional ways that the accident has affected your life. From trips to the mechanic to medical expenses, there are many things to consider.

Here are some of the claims that you can include to strengthen your demand for compensation:

  • Physical pains from injuries caused by the car accident
  • Emotional suffering or PTSD as a result of the accident
  • Replacing or fixing your car
  • Replacing items that were in your car during the accident
  • Cost of ambulance and paramedics
  • Medical expenses for treatment, rehabilitation, and medication
  • Taking time off work for recovery and medical treatment
  • Legal and administrative fees following the accident
  • On-going medical care and treatment
  • Previous medical conditions exacerbated by the accident

These are some of the damages that are important to claim if you want to fully recover compensation for your pain and suffering. A car accident can affect each person in a different way. Take the time to consider how the accident has changed the trajectory of your life and ensure that it is obvious when listing your damages.

How You Can Recover Compensation

With the right legal team, you can get compensation for the damages.

It is important that you see a doctor right after your accident to document all injuries and help with your legal case. Whether you’ve sustained major or minor injuries, you need to ensure that these are documented for your damages claim. Some minor injuries can also lead to major health problems in the future and you need to keep documentation of this.

trusted car accident lawyer will help you with filing an insurance claim so you will need as much evidence as possible. Legal help will help you get the claim that you deserve.

Knowing Your Rights After a Fatal Accident

Being involved in a car accident can be overwhelming, especially if someone has died as a result. Knowing your rights means understanding that you can recover compensation even if the at-fault driver died. Getting helpful legal advice will be crucial in assessing your damages and filing a claim against the deceased.

If you’re involved in a car accident, visit our website and schedule a free video consultation with one of our expert lawyers.


In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.

Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.