Brooklyn Fatal Car Accident Lawyers Help Families Recover for Loss of Loved Ones
Holding negligent drivers accountable for fatal auto accidents
There are few incidents more tragic than the senseless loss of life in a fatal car accident. Unfortunately, people are killed in New York City traffic accidents far too frequently. If you have lost a loved one in such a disaster, a Brooklyn fatal car accident lawyer at our firm can help. At Goldberg Sager & Associates, we provide wrongful death representation for grieving families who badly need closure. We help them seek justice for their loved ones and recover compensation to ease the financial burden their loss has caused.
Fatal car accidents are common in NY
New York recorded 1,204 traffic deaths in 2020. In New York City, the traffic fatality rate has declined since the implementation of the Vison Zero initiative. However, according to the watchdog group Transportation Alternatives, 273 people in New York City were killed in auto accidents in 2021, including 124 pedestrians, 50 motorcyclists, 19 cyclists and 15 people on mopeds and e-bikes. Many of these deaths made headlines, including a 27-year-old e-scooter rider killed in a Brooklyn truck accident at Caton Avenue and East 7th Street.
Top causes of fatal car accidents
The leading factor in fatal car accidents is speed, because the faster a vehicle is traveling, the greater the impact and the potential harm to the victim. Other common causes of deadly car crashes include:
- Drunk driving
- Distracted driving
- Reckless driving
- Aggressive driving
Neglecting to fasten a safety belt is also a factor in many fatal crashes, since unrestrained occupants are more likely to suffer excessive trauma.
Establishing a wrongful death claim for a Brooklyn fatal car accident
To file a wrongful death claim, the next of kin must prove by a preponderance of the evidence that someone’s carelessness led directly to the deadly crash. Our attorneys work diligently to assemble the necessary evidence. We consult with accident reconstruction experts and interview all witnesses, including the driver who might be at fault.
Legal rights of families affected by fatal car accidents
Under New York State law, the following people may bring a wrongful death lawsuit:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
- The personal representative of the decedent’s estate
There are actually two types of claims the relatives can bring:
- Survivorship claim — This is a claim for personal injury that the decedent could have brought, if he or she had not died from injuries. This includes compensation for any medical care rendered, as well as for conscious pain and suffering the victim endured from the time of the accident until death.
- Wrongful death claim — This claim seeks to compensate family members for their own losses due to their loved one’s death.
Our experienced attorneys regularly handle survivorship and wrongful death claims in a single lawsuit.
Compensation available to families of a fatal car crash in New York
A survivorship claim allows the decedent’s estate to recover economic and noneconomic losses that include:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral and burial costs
Through a wrongful death claim, family members can recover:
- Loss of the decedent’s financial support
- Loss of love and companionship
- Loss of services the decedent provided to the household
Family members can recover only pecuniary losses, meaning measurable economic losses. Family members cannot claim compensation for their own pain and suffering.
