Liability is important to establish in any car accident. After all, compensation for a potentially wide variety of damages needs to be addressed.
A recent Montana car accident involving a car and a minivan left one of the drivers dead. The male driver of the car crossed the centerline of the highway, colliding head-on with the mini-van. He died instantly on impact.
The female passenger in the car was critically injured, the driver of the minivan sustained serious injuries, and both were hospitalized.
An accident investigation may be able to reveal whether or not the driver of the car is at fault for the accident. Although he is deceased, the fact remains that there are still damages that need to be addressed. Both survivors of this tragedy may have medical expenses, property damage, loss of income, and, of course, pain and suffering as a result of the head-on collision.
Insurance companies for all parties will be involved in determining liability and who will pay compensation for damages. However, they may be looking out strictly for their own best interests. If there is a dispute with the insurance company over liability, or if a settlement agreement cannot be made between the insurance company and the injured party, then the issue may be resolved through the legal system.
In this situation, everyone who is involved may want to consult with a lawyer. An attorney experienced in this area of the law can help to determine each individual's rights in a given situation, as well as ascertain if a person may be entitled to compensation.
Source: KPAX, "1 killed, 2 badly hurt in Kalispell crash," June 7, 2013