The son dying in a car accident involving his father

Fatwa no. 15984 Praise be to Allah Alone and peace and blessings be upon the last Prophet! (Part No. 21; Page No. 477) The Permanent Committee for Scholarly Research and Ifta' has reviewed the issue referred to His Eminence, the Mufty from the judge of Al-Harijah, no. 504, on 6/4/1412 A.H. and enclosed is a letter which reads as follows: I had a car accident that caused the death of my 13 years old son. I am hereby informing you how the accident occurred that you may give us a Fatwa (legal opinion issued by a qualified Muslim scholar) in this regard, and guide us whether I should fast for two consecutive months or not. May Allah reward you!On Tuesday 27 Shawwal, I was returning afternoon from the city of Zhahran in the south heading to the principality of Al-Harjah where I live. While I was driving at the speed of 90 kilometers per hour, I lost control of the car, which kept swaying right and left for no apparent reason. At that time, I felt as if something had blocked my vision, and in a matter of seconds, the car deviated and fell off a nearby bridge turning over twice until it stopped in a place under the bridge. As a result of this accident, one of my sons died, and a vertebra was broken in my back, while my other son's leg and two vertebras in my wife's back were broken. After I left the hospital, (Part No. 21; Page No. 478) I was not held liable for any responsibility, whether by the traffic authority or the judge. That is why I am submitting my question to Your Eminence hoping that you will give me the legal opinion in this regard. May Allah reward you good!The issue was referred to His Eminence, the competent judge, for further clarification, and his reply no. 1357 on 19/3/1413 A.H. Was referred to the Committee by the General Secretariat of the Council of Senior Scholars with no. 1357 on 19/3/1413 A.H. The content of the reply reads as follows: I inform Your Eminence that after reviewing the letter sent to us and conveying its content to the man in question, he said that at the time of the accident, he felt that he had a punctured tire and the car kept swaying right and left. The reason he did not stop the car was that when he grasped the steering wheel, he could not get a firm hold of it, and he tried hard to stop it by shifting into a lower gear but with no success and all of a sudden the car began to roll. The man has no copy of the traffic report of the accident, and as for the driving license, he already has one and its photocopy is enclosed in our letter.

A: After the Committee has studied the issue in question, it decided that if the reality is as mentioned, the said person is not to be blamed for anything, because he was not negligent when driving the car. The basic ruling is that a person is free from guilt unless there is evidence proving otherwise. (Part No. 21; Page No. 479) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.