Recently, the family of a 24-year-old man from Tom's River, New Jersey, who was killed when his motorcycle collided with an Ocean County freeholder's car, filed a wrongful death lawsuit against the freeholder. The wrongful death lawsuit alleges that the freeholder was negligently driving when his car struck the motorcycle.
The freeholder was allegedly turning into a parking lot of a local deli that he owns when the accident occurred. The lawsuit alleges that the freeholder lost control of his car when attempting to turn, causing the vehicle to go into the opposite side of the road and that he failed to observe his surroundings before making the turn. The freeholder's attorney has denied the allegations, and has said that his client will fight the lawsuit.
Wrongful death lawsuits are those brought by the family members or personal representatives of the deceased, alleging negligence on the part of the defendant that caused the victim's death. These lawsuits ask for monetary damages to pay for the medical expenses and lost wages caused by the person's death. In addition, the defendant can be held accountable for the alleged breach of his or her duty of ordinary care towards the decedent.
Car accidents, such as the one in this case, are a common source of wrongful death lawsuits. Often, intoxicated or distracted drivers do not see other cars or pedestrians when operating, leading them to make turns into the paths of other motorists or pedestrians, as allegedly happened in this case. A distracted, intoxicated or otherwise careless driver can cause serious injury or death to anyone else in their path.
Anyone impacted by a wrongful death has the legal right to seek just and fair compensation. These damages are awarded by the court in order to compensate for the pain and suffering experienced by the family members as a result of the decedent's loss.
Source: Ocean County Signal, "Ocean County Freeholder facing wrongful death lawsuit for 2012 crash," Phil Stilton, Sept. 29, 2013.