If you have lost a loved one in a fatal accident, you may not know what to do next. While bringing a lawsuit is probably the last thing on your mind, it can begin to provide closure and permit compensation for the emotional harm you have suffered. The recent Francis Scott Key Bridge collapse provoked conversations about the liability that could result from the deaths of six construction workers who were on the bridge when it collapsed.
The collapse of the Francis Scott Key Bridge in Baltimore, Maryland led to construction workers’ deaths and untold property damage throughout the area. As CNN reported, eight people were on the bridge when it collapsed after a ship struck the bridge. Two people were rescued, but six construction workers were sadly presumed dead after an extensive search and rescue operation. Before it hit the bridge, the ship’s lights flickered as it veered off course. The crew signaled a “mayday” before crashing, altering authorities to prevent incoming traffic from crossing the bridge. Sadly, they could not prevent harm to the people who were already on the bridge, whose families continue to mourn.
Can the Victims’ Families Sue for Wrongful Death?
The victims’ families may be able to pursue a wrongful death lawsuit, likely against the owner of the ship that ran into the bridge. Maryland law allows a deceased victim’s spouse, parents, and/or children to file a wrongful death action against the party responsible for the victim’s death. To prevail in a wrongful death lawsuit, the person bringing the suit must prove all the elements of negligence the deceased would have to prove if they survived the accident. Specifically, wrongful death plaintiffs must prove the defendant owed the victim a duty of care, breached that duty through their actions or failure to act, caused the accident, and that the victim died as a consequence. Plaintiffs must prove these elements by a preponderance of the evidence, meaning it was at least 51% likely that the defendant’s negligence led to the victim’s death.