If the investigation reveals that the driver of the car was negligent for running the stop sign, the family of the motorcyclist can file a claim for damages against the estate of a deceased driver. Just as in a case against a living defendant, the plaintiff's attorney must prove all of the elements of a claim based upon negligence.
While it appears that driver negligence played a role in this fatal accident, the intersection has a long history of accidents and was rebuilt in 2015 at a cost of $5.8 million. If it is determined that the accident was, in part, caused by improper road design or poor visibility of a sign, such as a stop sign obstructed by an overgrown tree or covered in graffiti, a government entity can be held liable.
Defective roadway accident lawsuits involving government entities are subject to different procedures and multiple parties may be at fault. The issue in these cases is whether the government failed to fulfill its obligations of making sure a dangerous road is somewhat forgiving of driver error. These cases require an extensive investigation of the roadway and its history, which is especially critical when the roadway has been the site of previous accidents.
If it is determined that this accident was due to a faulty roadway design, a defect in the road or because of poor maintenance, family members of the deceased may wish to pursue a claim against the government entity responsible for designing, building, or maintaining the road where the accident occurred. Bringing a lawsuit can not only help to offset the funeral expenses of a loved one and provide non-economic damages for pain and suffering, it can bring about change to prevent similar accidents from occurring.
Proving a dangerous roadway caused an auto accident can be a long legal process and difficult to prove; government bodies have strong defenses put in place by the government itself. It is imperative that you discuss your options with an experienced attorney. If it is determined that a cause of action exists for a lawsuit and you need financial assistance during the lengthy legal process, litigation funding may be a short-term solution.
Lawsuit Financial understands that auto accident lawsuits can take months, even years to settle and many people are on a fixed income and won’t have enough money to keep the case going. Rather than a plaintiff struggling financially during an already difficult time, we can offer a non-recourse cash advance against the pending claim. Our application take five minutes to complete and funding approvals can be made in less than a day, provided we receive the necessary case documentation to determine case strength and make a funding decision. The only time we are repaid is one the case successfully settles. If the case is lost, the repayment is waived. Call Lawsuit Financial to learn more or to apply for lawsuit funding.
About Lawsuit Financial
Lawsuit Financial Corporation is a pro-justice lawsuit funding company that seeks to educate plaintiffs and attorneys about lawsuit funding. Our company is an attorney owned and operated full service legal finance company recognized by attorneys nationwide as a preferred choice for legal funding services. Mark Bello, CEO and General Counsel, is recognized as an expert in this field, both as an underwriter of these transactions and as an advocate for appropriate treatment of plaintiffs/clients in this industry and in litigation.
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