Another case of a vehicle leaving the road and hitting a tree has occurred. In this Connecticut accident, the vehicle was traveling on Route 8 in Trumbull recently when it left the highway and struck a tree. The 30-year-old male passenger was ejected and killed. The driver was also ejected. The facts are only sparsely reported, but generally a passenger in a vehicle that leaves the road and crashes into a tree will have a wrongful death action against the driver.
Of course in this case because the passenger died his estate would act in his behalf to collect wrongful death damages. It’s reported that the driver of the vehicle was the decedent’s cousin. News 12 in Fairfield interviewed the victim’s distraught father who movingly expressed missing his “best friend” terribly and who was visibly broken up by the sudden loss of companionship.
One unusual twist was that a stranger called the father to tell him that his son had died, which was a shocking experience for the father who had to have the information verified by the state police. The accident is still under investigation. Apparently, the driver was only semi-conscious after the accident and is in serious condition in a hospital. As stated, there is generally negligence associated with a car leaving the roadway and hitting an object.
Here, it’s likely that the decedent’s estate, probably through the father, will bring a wrongful death action under Connecticut law for damages against the driver. Damages can include pain and suffering if the victim regained consciousness or was aware of what was happening prior to his death. Damages also include the present value of all wages that the man would have earned over the remaining course of his life. With a 30-year-old victim who was working or had a solid history of work, the amount could be substantial. Loss of earnings and earning capacity computations are usually presented by a forensic actuary on behalf of the estate.
Source: News 12 Connecticut, Fairfield father mourning loss of son, Adam Ndreu, killed in Route 8 car accident, No author, Oct. 2, 2013