An 89 year old woman from Gulfport, MS was killed in a car wreck when her husband made a left turn in front of an oncoming pick up truck. The husband and the driver of the truck were taken to a local hospital.
Who can sue whom and why? The driver of the pickup truck can sue the driver of the car. Can the deceased wife make a claim? Yes, she can make a claim against her husband for negligently causing her death. The tricky part is who gets the insurance proceeds. The wrongful death statute lists all of the wrongful death beneficiaries who are entitled to recover the proceeds. Should the husband be able to recover since he is the one who caused the accident? Mississippi law is vague when it comes to this issue. But, someone in the family should be able to receive the proceeds. This is the reason why people pay for car insurance in case there is an accident. Just because it involves a husband and a wife does not make any difference.
Who can sue whom and why? The driver of the pickup truck can sue the driver of the car. Can the deceased wife make a claim? Yes, she can make a claim against her husband for negligently causing her death. The tricky part is who gets the insurance proceeds. The wrongful death statute lists all of the wrongful death beneficiaries who are entitled to recover the proceeds. Should the husband be able to recover since he is the one who caused the accident? Mississippi law is vague when it comes to this issue. But, someone in the family should be able to receive the proceeds. This is the reason why people pay for car insurance in case there is an accident. Just because it involves a husband and a wife does not make any difference.
If you know of someone who was involved in an accident with a relative and have some questions, call Paul Snow at 601-969-1977 or 800-640-4478 or contact us online.
