Filing a Wrongful Death Claim for a Single-Vehicle Accident

 Posted on January 29, 2025 in Car Accidents

This past December, two people died after their vehicle veered off the roadway and hit a tree in southern Anne Arundel County. The accident occurred early in the morning; emergency personnel responded at approximately 4:30 a.m. Law enforcement did not provide names for the victims of the crash because the family had not yet been notified.

Many loved ones of those who have been killed in a one-vehicle crash do not believe they can file a wrongful death claim following a one-vehicle accident. While this may be true in many cases, it is not true in all cases and underscores the importance of having a full understanding of liability and legal options following such an accident. One-vehicle crashes often leave more questions than answers as far as the cause of the accident.

Fortunately, new technology can often help determine the cause of the accident. Accident reconstruction is often used to help determine accident causes as well. If you have lost a loved one in a single-vehicle accident, speaking to a Frederick, MD personal injury attorney can be extremely beneficial.

What Are the Potential Situations When a One-Vehicle Accident Could Be a Wrongful Death?

In a "typical" auto accident, one driver is usually at fault or is at least mostly at fault. However, when an auto accident does not involve another driver and vehicle, it becomes much more difficult to show liability. There are certain situations that can potentially involve a wrongful death claim when those in a car that was involved in a one-vehicle accident die as the result of the accident. These situations include:

Vehicle Defects

In certain situations, the vehicle manufacturer can be held liable for an accident if a malfunction in the vehicle caused it. For example, GM has had an issue with a defect in the ignition switches on some models. GM has paid compensation to the families of at least 64 people who died in accidents caused by the defective ignition switch.

The switch slips out of the "on" position, cutting the engine and disabling the power steering and airbags. Other vehicle defects, such as stuck accelerators, broken wheels that cause a loss of control, faulty fuel systems that leak and cause a fire in an accident, and failed seatbacks, can be responsible for deaths resulting from a single-vehicle accident.

Road Conditions

Poorly maintained roads can sometimes cause single-vehicle accidents. Insufficient lighting, weeds covering up signage, unclear signage, and poorly designed roads may contribute to these accidents. If this is the case, a wrongful death lawsuit could be filed against the government entity responsible for building, repairing, and maintaining the road. It is important to remember that specific notice and filing deadlines apply when a government agency is involved.

Third-Party Negligence

If a driver swerves into another lane, the driver in that lane may respond by jerking the wheel in one direction or another, causing the car to leave the roadway and perhaps hit a fixed object or flip over. While the driver that originally swerved was not a part of the actual crash, he or she was the cause of the accident.

Unless another driver saw what happened or there is a camera in the area, liability in this case could be difficult – but not impossible – to prove. A thorough investigation that produces compelling evidence could result in a wrongful death claim against the driver who actually caused the accident.

Contact a Frederick County, MD Car Accident Lawyer

While it can be challenging to show liability in a single-vehicle accident, it is important that you speak to a knowledgeable Frederick, MD car accident attorney from Serafini Law. Attorney Serafini is very client-centered, grew up in Hagerstown, and is very active in the local communities. As a sole practitioner, he gives each case his personal attention and the experience gained from more than twelve years of practicing personal injury law. Call 240-744-1600 to schedule your free consultation.