In a wrongful death case with only one party responsible, the only major challenge is establishing that person’s fault. But what if more than one person played a role in the accident? Who is responsible for the damages?
After the death of a loved one, the last thing a grieving family wants to do is decide who to take legal action against. The following answers may provide some clarity.
When is there shared fault in wrongful death cases?
Shared fault cases usually occur when there are other parties involved aside from the victim and the negligent party. Common examples include:
- Multivehicle crashes
- Medical malpractice involving multiple health care providers
- Premises liability cases concerning both landlords and tenants
Generally, at least two people must have some role in the accident for it to be considered shared fault. For example, if two drivers were racing each other on the highway and caused another driver’s death, both of those drivers may be liable.
How do you determine fault?
There are several factors that apply when assessing liability in a multiparty case:
- Duty of care: Did each party owe a legal duty to the deceased? The answer is often yes in personal injury and wrongful death cases. For instance, all drivers have the duty of keeping the road safe for other drivers and pedestrians.
- Breach of duty: Did any party fail to fulfill their duty of care? If so, how did their actions deviate from the expected standard?
- Causation: Did the party’s actions directly lead to the death? A party causing the immediate reason for the death may share most of the liability.
- Comparative fault: What percentage of fault does each party have? The court may adjust the damages based on these percentages.
These factors help courts and attorneys piece together the circumstances of the death and how they should allocate responsibility among multiple parties.
In the previous example, both drivers may share liability in the third driver’s death. However, the driver who crashed into the deceased’s car may hold most of the responsibility because they directly caused the death.
How can an attorney help?
Accidents involving more than one at-fault person are often complex. That said, proper legal guidance can be invaluable in such cases. An experienced wrongful death attorney can help families determine liability, pursue damages and, if necessary, go to trial for them.