A West Virginia man is dead after a fatal car accident. The estate of the man maintains that the fatal aspect of the car accident was caused by negligence. Additionally, the estate of the man has filed a lawsuit against the state, claiming that his death was unnecessary.
The accident occurred as the West Virginia man was driving and his vehicle hit the guardrail of a bridge. After the impact, the vehicle fell off the bridge and onto railroad tracks. It is believed that the second impact claimed the life of the man. There is no mention of whether the police suspect that drunk driving or other factors played a role in the incident.
The lawsuit names the state, namely the Department of Transportation, as liable for the death of the man. The premise of this accusation is based upon the assumption that the bridge and the guardrail were not properly maintained. If the rail had been functioning properly, the car would have never fallen off the bridge and, presumably, the man would not be dead. The lawsuit is pursuing an unspecified amount of money to cover the cost of pain, suffering and unexpected end-of-life expenses.
While it may seem like a far-fetched theory, the family only needs to have sufficient documentation and evidence proving that the state is liable. A settlement will not be granted unless there is an overwhelming burden of proof substantiating the claims of the estate. Any wrongful death compensation awarded cannot undo the life-altering damages from the car accident, but it can cover some of the expenses that may have been incurred.
Source: The West Virginia Record, W.Va. DOT blamed for fatal one-car accident, Whitney Brakken, Jan. 20, 2014