An Ohio woman is suing the estate of a deceased man for the wrongful death of three of her family members. The lawsuit states that she is entitled to compensation for damages caused by the deceased man's negligence, which she says resulted in a fatal accident that took the lives of her relatives.
In April of 2010, the woman's family members were traveling in one vehicle when two cars on the other side of Interstate 64 collided. After the initial impact, the two cars crossed onto the median, broke the cable barrier and crashed into the vehicle containing the plaintiff's relatives. That vehicle burst into flames, and the occupants suffered fatal injuries.
Another of the drivers died at the scene also, and his estate is now the subject of the wrongful death claim. The lawsuit claims that the deceased man failed to exercise due caution on the road, causing the accident that took the lives of the plaintiff's relatives.
Readers in the Columbus area may know that individuals are entitled to compensation under a wrongful death claim when a death results from another party's negligent or reckless actions. There are many types of negligence that can attribute to a wrongful death, including medical malpractice, nursing home neglect and negligence on a construction site. In this case, negligence allegedly caused a fatal car wreck.
This particular lawsuit claims the deceased driver was negligent in the following ways:
- Failure to take proper account of his surroundings
- Operating his vehicle at an excessive speed
- Failure to yield to other vehicles
- Failure to make an attempt to avoid impact with another vehicle
- Failure to obey state, local and federal motor vehicle statutes
If the woman's wrongful death claim is successful and she proves the man's negligence, she is asking for not only compensatory but also punitive damages plus interest to aid in her recovery from this tragic incident.
Source: West Virginia Record, "Ohio woman sues for deaths of three family members," Kyla Asbury, March 26, 2012