Chrysler was reported last year to have filed an appeal on a high-profile 2012 case involving the death of a child in a Jeep accident. According to the original accident report, a 4-year-old boy burned to death after a Jeep was rear-ended. The fire happened due to the Jeep’s ruptured fuel tank located behind the rear axle. The driver liable for the accident was charged with vehicular homicide in the first degree. Chrysler, on the other hand, was found to be 99 percent at fault for the accident.
Attorneys on the case argued that Chrysler had been aware of the design flaw regarding the installation of the fuel tank located behind the rear axle. In the end, the auto company was ordered to pay $120 million in wrongful death damages and $30 million in pain and suffering damages. However, the recent appeal by Chrysler argues that the amount ordered is too high and based on the CEO’s compensation in 2012.
Proving a wrongful death claim requires the surviving party to prove that someone’s negligence or careless behavior led to another party’s death. This would involve proving that the accused was required to act in a careful manner; the accused acted in a careless manner; and as a result, someone died. Keep in mind that a wrongful death case is not a criminal case but is a civil case. This means that criminal charges and penalties will not be brought upon the accused. However, the accused may be responsible for paying damages, such as pain and suffering costs, if the accuser wins his or her lawsuit. Medical and funeral/burial costs may also be covered, as well as lost wages that the deceased could have earned had they survived.
This isn’t the only time a car company has come under fire for faulty car designs and parts. At this current time, now-bankrupt Japanese company Takata has been sued for the deaths and injuries caused by their faulty airbags. The airbags reportedly, upon deployment, scattered metal shrapnel and have killed 20 people. If you’ve been injured or lost a loved one due to a faulty car part or design, schedule an appointment with the McArthur Law Firm today. We’ll do our best to get you the justice you deserve.