Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
Hello, and welcome. I am a licensed attorney and happy to assist.
I'm very sorry for your loss. I can't imagine anything worse than what you must be going through. A wrongful death case would be worth pursuing from a legal perspective if you can show that the death would not have occurred absent the ex-girlfriend's actions and that the consequences sustained (the death) were the type of consequences of the type that should have been reasonably expected from those actions. If you can show those things, you have a viable cause of action for wrongful death. Note that the burden of proof for a civil action is much lower than the burden of proof beyond a reasonable doubt required in a criminal setting. All that's required in civil court is a showing of "more likely than not," (i.e., it is more likely than not that the ex-girlfriend's conduct brought about the consequences.
Also note that you will have to make a showing that, not only with the ex-girlfriend's conduct unreasonable, but your son acted reasonably enforcing his way out of the vehicle at a high rate of speed.
A good lawyer may be able to do that on your behalf.
I hope this helps. If you need additional information or clarification, please let me know and I will continue providing assistance. If I have addressed your concerns or pointed you in a positive direction, please remember to leave a positive rating when prompted, as that is how attorneys on this site are credited for the help we provide.