On behalf of Berkshire Ginsberg, LLC posted on Wednesday, March 27, 2013.
The loss of a loved one in a fatal accident is a painful experience that may leave the victim’s family thinking it should not have happened. The mayor of Portland is speaking out against a rash of accidents in the city leading to fatalities. The mayor called the number of fatal motor vehicle accidents “unacceptable.” Portland is currently averaging one fatal accident a week. At the same time, Portland’s Bureau of Transportation has reported that traffic citations are down for the year. Some of the fatal crashes have been due to distracted drivers and others to drunk drivers. Police officers were recently set up at a Portland intersection to catch drivers not stopping at crosswalks. The Director of city transportation noted that the Transportation Bureau is working to make the streets safer. Wrongful death lawsuits are lawsuits to recover damages for a death that occurred in a fatal accident, such as a fatal car accident, as the result of the negligence of another. In our legal system, the concept of negligence creates a minimum standard of conduct that we expect in our society. When a person fails to abide by that standard and causes some type of harm, such as a death, the negligent party, such as a negligent driver, can likely be required to compensate the victim or victim’s family. To demonstrate that a person was acting as a negligent driver, such as in a fatal car accident, it is necessary to show that the driver’s actions were negligent. To demonstrate that a driver, such as a distracted or drunk driver was negligent, there are a couple of different methods. All drivers owe a duty of reasonable care to those they share the roadway with and this includes a duty to follow the rules of the roadway and traffic laws, such as yielding to pedestrians in crosswalks. While negligence can be understood as an accidental wrong that causes harm to another, sometimes a party seeking to recover damages from a negligent driver can use a criminal violation of a law to demonstrate that the driver was “per se” negligent. There are also other ways to establish negligence depending on the specific circumstances of the situation. It can be traumatic to lose a loved one to the negligence of another. There is help in place for those suffering such a traumatic loss. Source: KATU.com, “Mayor: Spike in deadly Portland crashes ‘unacceptable’,” Author Unknown, March 19, 2013