If you are involved in a fatal car accident, but were at fault for the accident, can your family get money from the auto insurance for your death?

-operator 1 crossed double yellow line attempting to pass a tractor trailer, and as approached front of tractor trailer a south bound vehicle came along. Operator 1 hit brakes and was unable to get back on North bound lane due to traffic in front of truck; car skided accross road and struck a large tree, body was ejected from the vehicle. -operator 1’s vehicle was the only vehicle involved in the accident

Asked on June 1, 2009 under Accident Law, Georgia


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the deceased was at fault for the accident, it will be next to impossible to recover damages for the family.  Who would the family sue?  The tractor trailer driver?  He didn't do anything wrong, did he?  The car that was traveling southbound in a proper lane for his direction?  He also did not do anything wrong.  I am sorry for their loss, but I don't see any way the family can sue for the death.

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