Can you sue the car manufacturer for wrongful death?
The tragic death of actor Paul Walker, the Fast & Furious star, in 2013 took the country by surprise. Reports state that the 2005 Porsche Carrera GT was traveling at speeds over 100 mph when it crashed and burst into flames in Santa Clarita, California. Friends alleged the accident was due to a mechanical failure; however, the final report did not include any mention of a mechanical defect.
Walker’s daughter, Meadow Walker, has filed a wrongful death lawsuit against Porsche alleging the car’s design was defective. The report also alleges that the Porsche was not designed to protect its occupants during a crash. Walker was not driving at the time of the accident but was in the passenger seat. Attorneys for Porsche have filed a response to the lawsuit alleging the vehicle was “misused and improperly maintained” in addition to alleging Walker was at least partly responsible for his death by participating in a high-speed ride.
Paul Walker’s father has also filed a lawsuit for wrongful death and negligence regarding his son’s death in November 2013. As executor of his son’s probate estate, Walker’s father is alleging that the Porsche Carrera GT did not have the safety features that could have prevented his son’s death. The lawsuit claims the vehicle did not have safety features such as side-door reinforcements, a breakaway fuel line, and a stability control system that could have prevented the actor’s death.
It is not clear whether other family members may also be preparing to file a wrongful death lawsuit against the car manufacturer. If Porsche is found to be negligent or liable, some members of the family could receive a substantial monetary award for lost income the actor would have received from future work if he had survived the crash.
Filing a Wrongful Death Lawsuit in Colorado
Wrongful deaths occur in a variety of situations including vehicle accidents. If the manufacturer, repair shop, parts manufacturer, or other party is responsible for the dangerous condition that caused the death of your loved one, you may have a claim under Colorado wrongful death laws. You may be entitled to receive compensation for medical expenses; lost wages; loss of companionship, support, and guidance; and mental anguish and grief. However, you need a Denver wrongful death attorney with extensive experience handling this type of personal injury claim.
In order to win a wrongful death lawsuit in Colorado, you must prove that the party either caused the condition, knew the condition existed, or should have known the condition existed, and that the party failed to take action to remedy the situation. You must also prove that the hazardous condition was the direct cause of your loved one’s death. Our wrongful death lawyers have the knowledge, skill, and experience needed to handle your wrongful death claim.
You must act quickly—you only have a limited time to file a wrongful death lawsuit because of Colorado’s statute of limitations. If you do not file your lawsuit prior to the expiration of the statute of limitations, you lose your legal right to pursue this claim.
Have you lost a loved one?
Losing a loved one is never easy; however, when this happens because of another party’s negligence, you need to seek justice for your loved one. Colorado’s wrongful death laws provide a legal remedy. Because the law cannot undo the act that caused the death of your loved one, the only remedy it can provide is a monetary award. A monetary award will not bring back your loved one; however, it can help provide for your needs and the needs of your family.
Contact The Law Offices of Dianne L. Sawaya LLC to discuss filing a lawsuit under Colorado’s wrongful death statutes. We are available by telephone at 303-758-4777 or through our website.