A Colorado family is currently beginning the long and difficult process of grieving the loss of a loved one. The death came as a result of a fatal accident on Colorado 93. Police believe that a 61-year-old woman was driving her Jaguar convertible southbound when a failed passing maneuver led another vehicle to crash into her car.
The investigation into the incident is still ongoing, but police believe that the driver of a northbound Subaru was attempting to pass a Hyundai in a no-passing zone. When that attempt was not successful, the driver of the Outback attempted to return to the northbound lane of travel behind the Santa Fe. However, upon trying to return to that position, the Outback collided with the rear left side of the Hyundai, which caused the Outback to run into the southbound lanes of travel.
The result was a head-on collision with the Jaguar, which led to fatal injury of the driver. The driver of the Outback was also injured, and transported to a local hospital for treatment of injuries reported as minor in severity. Police are still working to determine if criminal charges will be filed against the driver of the Outback.
In cases such as this, the family of the deceased has the right to pursue a wrongful death suit against the responsible party. A successful outcome requires proving to a Colorado court that the driver who caused the fatal accident was acting in a negligent manner at the time. In a case in which a vehicle was attempting to pass in a no-pass zone, then failed to ensure that there was proper clearance before re-entering the lane of travel, negligence may be an easy argument to make.
Source: Boulder Daily Camera, "Coroner ID's woman killed in crash on Colo. 93 south of Boulder," Mitchell Byars, March 14, 2013