What Is A Wrongful Death due to a Truck Accident?
A wrongful death occurs due to the negligence or carelessness of another party. In this case, when a truck accident occurs due to the misconduct of the driver, or faulty manufacturing of the truck itself. When somebody is killed due to an easily preventable truck accident, the lives of the family and friends of the deceased are forever changed. Losing a loved one due to mere carelessness can be devastating and life changing for all parties involved. The families of the victim of the truck accident do have the right to file a lawsuit for wrongful death against the negligent driver, or the manufacturing company that created the defective truck. Most of the time the fault of the accident does fall on the driver, but many other variables must be taken into consideration as well.
If you have lost a loved one due to a fatal truck accident, you do have the right to file a lawsuit for wrongful death. The grieving process for the loss of a family member may take awhile, but filing a lawsuit sooner will give the family of the decedent a better outcome in court. The lawsuit for wrongful death may have a certain time limitation for when it must be filed. If it is not filed in this time frame, then the claim may not be applicable in court anymore, so it is always wise to act immediately. It also might be wise to contact a personal injury attorney to help aide in the case, as there must be sufficient evidence to prove the driver was at fault for negligence. Since you may be grieving for you loss, an attorney will take on the task of searching for any and all evidence that is pertinent to the case.
How To Have a Successful Wrongful Death Lawsuit for A Truck Accident
After a fatal truck accident, there are certain variables that must be taken into consideration. Proving negligence of the truck driver at the exact time of the accident may be difficult. Truck drivers may become distracted in many ways while driving. They may be texting, eating, smoking, or drinking while driving which would find the driver liable for the death. Any driver that was under the influence of any substance may also be held responsible.
To get sufficient evidence for your case, it is important to get the names and contact information of all the witnesses of the truck accident. Other types of evidence that will help the wrongful death lawsuit may include:
- The records of the hours the truck driver was working. Drivers are only allowed to drive for a certain amount of hours before they must stop to rest or sleep. If drivers are fatigued while operating a semi truck, then accidents are likely to occur. If the records of the hours worked by the driver at the time of the accident are not up to regulation, then this may be evidence of carelessness.
- The personnel file of the driver. This may shed light on the character of the driver – whether he or she has a good track record while driving trucks, or if they had ever been in any other accidents caused by reckless driving.
- Maintenance records of the truck. If the truck was not kept up to the standard regulations of the The Federal Motor Carrier Safety Administration (FMCSA), then the person in charge of truck maintenance may be held accountable for the wrongful death.
- The truck that caused the fatality. Hiring an expert on truck manufacturing may help decide if the person that manufactured the truck was at fault for the accident.
Filing a lawsuit for wrongful death caused by a truck accident may give the plaintiff compensation for any financial loss or emotional distress brought on by the loss of their loved one. It is imperative to keep the deadline in mind for when you can file the lawsuit, otherwise all awards for damages will be forfeited; no recovery of compensation will then be awarded to any dependents or distributees of the decedent.
Contact An Attorney
Losing a loved one due to the negligence of a person that could have been easily avoided is painful and stressful for all involved. On top of dealing with the emotional trauma that comes with the death of a loved one, you may want to file a lawsuit for wrongful death, which is stressful in and of itself. You do not have to go through through the stress of a lawsuit alone, though. Contacting a personal injury attorney will assist you in answering any questions you have about wrongful death lawsuits, and about how to take the legal steps necessary for just compensation. In the event that you need to seek legal advice, do not hesitate to contact an experienced attorney such as the Central Phoenix, AZ truck accident lawyer.
Thank you to Kamper Estrada, LLP for providing insight on truck accidents and filing wrongful death lawsuits.