The operation of 18-wheelers, also known as semi-trucks or tractor trailers, is an inherently dangerous activity. These massive vehicles can weigh up to 80,000 pounds when fully loaded. Sharing the road with an 18-wheeler puts other motorists at serious risk in the event of a crash. When an 18-wheeler is involved in a fatal collision due to negligence or misconduct, the bereaved family members may have grounds to pursue a wrongful death claim.
Understanding Wrongful Death Law
A wrongful death claim is a civil action brought on behalf of the deceased victim’s family. The purpose is to hold the negligent party financially accountable. Damages that can potentially be recovered include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship
- Pain and suffering of the victim prior to death
To have a valid claim, the plaintiffs must prove:
- The victim died due to the negligence or misconduct of the defendant(s)
- Surviving family members experienced financial, emotional, or other losses as a result
- The defendant owed a duty of care to the victim, which was breached
In most states, wrongful death claims must be filed within 1 to 3 years from the date of death. This statute of limitations sets a deadline for taking legal action. An attorney can help determine the specific timeframe that applies based on the state’s laws. Prompt legal action helps ensure key evidence and witness testimony remains available before memories fade or documents disappear. Meeting filing deadlines is crucial for preserving your claim.
Common Causes of 18-Wheeler Accidents
18-wheeler crashes frequently occur due to:
- Driver fatigue – Lack of sleep is rampant in the trucking industry. Drivers are pressured to meet tight delivery schedules, leading to excessive hours on the road without adequate rest. Drowsy driving impairs reaction time and decision-making skills. Fatigued truckers are much more likely to cause collisions.
- Impaired driving – Truck drivers sometimes operate their vehicles while intoxicated, distracted, or otherwise impaired. Drug use is another common issue. Impaired motor skills and judgment significantly increase accident risks.
- Poor maintenance – Failure to properly maintain equipment such as tires, brakes, and steering components can cause catastrophic breakdowns at highway speeds. A lack of routine inspections and delayed repairs is irresponsible and dangerous. Regular safety maintenance is essential.
- Dangerous driving – Unsafe passing, speeding, tailgating, reckless lane changes, and other actions jeopardize everyone sharing the road. Defensive driving skills and caution are critical for operating such large vehicles.
- Improper loading – Improperly distributed cargo weight can cause rollovers or jackknife incidents. Unsecured cargo may come loose on the highway. Following proper load balancing and tie-down procedures reduces hazards.
- Company policies – Some carriers emphasize efficiency over safety, encouraging drivers to break the rules. Limits on driving hours are frequently violated. Pressuring truckers to drive excessive hours or skip rest periods is unethical.
Determining Liability
Identifying all liable parties is crucial. The truck driver may bear responsibility for reckless driving, impairment, or errors. However, others may share liability:
- The trucking company or carrier often maintains policies that contribute to driver fatigue, such as unrealistic delivery timelines. Lack of adequate driver training or vehicle maintenance may also play a role.
- Shipping companies that own the cargo must ensure drivers transport loads safely. Negligent loading procedures can lead to disastrous shifting cargo.
- Truck and parts manufacturers can be liable if defective equipment such as faulty brakes contributes to the crash.
- Additional motorists who caused or contributed to the accident through negligent driving may also bear responsibility.
Seeking Accountability Through Litigation
In the aftermath of a deadly truck accident, the victim’s family should consult with an experienced wrongful death lawyer Los Angeles, CA who can investigate liability and identify all potentially responsible parties.
Building a Strong Wrongful Death Case
An in-depth investigation and legal discovery process can uncover evidence to prove that wrongful conduct caused the accident. Sources may include:
- Police reports
- Witness statements
- Video footage
- Vehicle black box data
- Driver logbooks and training records
- Company policy documents
- Maintenance & inspection records
- Medical reports documenting injuries
- Accident reconstruction expert analysis
- Investigator inspections of the scene, vehicles, and mechanical parts/systems
A skilled Los Angeles wrongful death attorney will thoroughly prepare each case to demonstrate the factors leading to the crash, establish negligence, and link the trucking company’s or driver’s actions to the death of the victim.
Maximizing Compensation for Your Loss
Although no amount of money can ever replace your loved one, a successful wrongful death lawsuit provides:
- Financial support the deceased would have continued providing to dependents
- Reimbursement for medical costs and funeral expenses
- Damages for emotional anguish and grief
- Punitive damages in scenarios involving gross negligence or reckless misconduct, meant to punish and deter the behavior
Inadequate insurance coverage can limit compensation. However, our attorneys have succeeded in recovering damages from multiple policies through in-depth investigation of all liable parties. With an 18-wheeler crash, policies may include:
- The truck driver’s auto insurance
- The trucking company’s commercial policy
- The shipping company’s insurance
- Coverage from manufacturers of defective parts
- Policies held by other negligent motorists
Settling avoids the risks and delays of a trial. However, if attempts to negotiate a fair settlement fail, competent attorneys are fully prepared to take the case to court and fight for full compensation.
You Don’t Have to Suffer in Silence
The weeks and months following an 18-wheeler fatality are devastating for families. In addition to crushing grief, you may struggle with unexpected financial burdens. The negligent parties who caused your loss should be held fully accountable. Contacting an attorney immediately helps ensure vital evidence is preserved so your wrongful death claim has the greatest chance of success.
At Karns & Karns Truck Accident Attorneys, we are dedicated to supporting grieving families and obtaining maximum compensation after fatal 18-wheeler crashes in California. Over the years, our aggressive legal advocacy has recovered significant financial damages for hundreds of clients who lost loved ones due to trucking negligence. If an 18-wheeler accident has negatively impacted your family, please call us today at 1-833-545-1644 to schedule a free consultation. There are no upfront fees, and we only get paid if we secure compensation for you.
