Losing a loved one in any circumstance is difficult, but when that loss comes unexpectedly due to the negligent actions of another, the grief is compounded. This is often the sad reality when a commercial truck is involved in a deadly crash. While monetary compensation can never make up for the loss of life, filing a wrongful death claim against negligent truck drivers and companies can help family members deal with the immense financial burden that comes in the aftermath of such a tragedy. Seeking justice and compensation is a complex process, but it’s critical for families trying to rebuild their lives after tragedy strikes. With the right legal guidance, families can take the first steps toward healing while holding negligent parties fully accountable.
Far Too Frequent…But Rarely Discussed
According to the Federal Motor Carrier Safety Administration (FMCSA), over 5,000 people are killed annually in crashes involving large trucks. In fact, the Insurance Institute for Highway Safety (IIHS) reports that while large trucks account for just 4% of registered vehicles in the U.S., they are involved in about 11% of all fatal roadway accidents.
These devastating statistics are well known, but what doesn’t garner as much attention are the details regarding who can file a wrongful death commercial vehicle claim, what damages can be recovered, and time limits for taking legal action after a truck accident fatality. These factors directly impact surviving family members who are not only grieving, but likely facing extensive medical expenses, lost income, and general financial upheaval after the household’s primary earner is gone.
Who Can File a Claim?
Under most state laws, the following surviving relatives are eligible to recover damages by filing a wrongful death suit:
- Spouse
- Children (biological, adopted, or stepchildren)
- Parents
- Siblings
If the victim does not have any of these statutory beneficiaries, some states allow more distant relatives, such as grandparents, to have legal standing in a wrongful death case.
Damages That Can Be Recovered
There is no bringing back the life of someone lost in a truck accident, but monetary compensation can help the surviving family deal with finances after losing their loved one. Some of the damages that can be claimed in a wrongful death truck accident suit include:
- Funeral expenses
- Pain and suffering of the victim before they died
- Pre-death medical bills related to crash injuries
- Loss of financial support
- Loss of parental guidance (for surviving children)
- Loss of love, companionship, and consortium
Certain states may allow additional damages like loss of inheritance or punitive damages if gross negligence or reckless behavior was involved. An experienced truck accident attorney can assess the eligible damages for a particular case.
Statute of Limitations Deadlines
Each state has established legal deadlines, known as statutes of limitations, for filing wrongful death claims after a truck accident fatality. While these time limits vary by state, they commonly range from 1-4 years after the date of death.
Missing the statute of limitations results in forfeiting the right to recover compensation, so consulting a truck accident attorney as soon as possible is critical. An attorney can immediately launch an investigation, secure evidence, and handle filings so that legal rights are protected well before deadlines expire.
Proving Liability
Like with most personal injury and wrongful death cases, proving the truck driver or company was negligent and directly liable for the fatality is essential. An attorney must establish:
- The defendants owed a legal duty to the deceased victim, such as driving safely per regulations
- This duty was breached via negligent, reckless actions like speeding or distracted driving
- This breach directly caused the truck accident
- Damages resulted, such as a fatality
Truck drivers and operators are held to a higher standard under Federal Motor Carrier Safety Regulations (FMCSR). Violating these regulations often constitutes negligence per se in a wrongful death claim.
Common examples include hours of service (HOS) violations, improper load securement, defective equipment, drug or alcohol impairment, distracted driving, speeding, and improper training or licensing for the type of vehicle operated.
Experienced Representation Critical for Success
Trying to handle a wrongful death case without sound legal guidance is extremely difficult for families already struggling with profound grief and loss. An attorney with specific expertise in truck accident litigation understands how to navigate this complex legal process. They have resources like accident reconstruction experts, physicians, vocational experts, and financial analysts to prove liability and damages. They also recognize that successfully resolving such cases often requires aggressive litigation and skillful settlement negotiation to get full and fair compensation from insurance companies.
Most importantly, a knowledgeable lawyer handles all aspects of the case and legal filings so families can focus on what matters most during their time of mourning – the memory of their beloved family member.
Hope After Tragedy – Taking Legal Action
The staggering statistics on truck accident fatalities point to an undeniable reality – drivers sharing the road with these massive commercial vehicles face serious risks every day. Yet when a life is cut tragically short due to a truck driver or company’s negligence, it often seems like these victims fade into statistics with no further thought.
However, surviving families have legal rights and options after their loss. While no court award can ever make them whole again, holding negligent parties accountable and recovering fair compensation can bring a sense of justice and provide financial security at a vulnerable time.
You Don’t Have to Walk This Road Alone
Losing someone you love – especially in a sudden, preventable tragedy like a truck accident – makes you question everything. Your mind cycles through shock, anguish, anger, and regret. But you don’t have to go through it alone.
The caring, compassionate attorneys at Karns & Karns Truck Accident Attorneys recognize there is nothing harder than saying goodbye too soon. We will be there as legal advisors and human supporters to help you find your footing again. Our fierce dedication stems from knowing every life matters. Let us stand beside you to honor your loved one’s memory and obtain the justice and compensation your family deserves by contacting us today. Call now at 833-545-1644.
