Wrongful Death

Although motor vehicle accidents of any type carry with them the risk of death, truck accident fatalities happen with much greater regularity. It is not difficult to understand why this is so: Trucks have greater mass than passenger cars and so there is a much greater transfer of energy to a passenger car at the moment of impact. Not only this, safety features on the truck like bumpers may not be positioned properly so as to provide much protection to the occupants of passenger vehicles. For this reason, deaths in truck accidents are (tragically) a reality.

Wrongful Death Suits After a Truck Crash

 Surviving family members of a truck accident fatality victim have a long, difficult, and painful road to travel after a fatal truck crash. Of course, the family members will need to process their grief and sorrow and learn to live without the presence of their loved one.

However, a fatal truck crash also saddles these family members with sudden expenses that can include:

  • Ambulatory costs and emergency medical care treatment used to stabilize the victim;
  • Medical costs associated with maintaining the victim’s life through artificial means;
  • Funeral and burial costs;
  • The loss of the victim’s past income due to missed work while he or she was dying in the hospital;
  • The loss of the victim’s future earning potential.

This list does not include the pain and suffering that the family members will experience as they progress through life without the presence of their deceased loved ones.

A trucker who causes death to another motorist because the trucker was driving in a careless or reckless manner may be found responsible for some or all of these costs.

Causes of Wrongful Death Truck Accidents

Any truck crash can result in a fatality, but there is a greater risk of death to the occupant of a passenger car in situations where the truck fails to brake or slow down before the collision.

This can occur because:

  • The truck driver was distracted by a cellphone, text message, communications through a radio, or music playing in the cab (for example);
  • The truck driver was under the influence of alcohol or drugs (prescription, over the counter, or illegal in nature) and this reduced his ability to react promptly and avoid a collision or reduce his or her speed;
  • The truck driver falls asleep at the wheel;
  • Faulty brakes or equipment that prevented the truck from slowing down;
  • Hazards in the roadway that rendered the truck’s braking system ineffective; and/or
  • Other facts and circumstances.

In the aftermath of a fatal truck accident, law enforcement and private investigators may attempt to piece together what the precise cause of the accident was. These investigators may uncover evidence or locate witnesses who are important to understanding the incident. Surviving family members need to be aware of this evidence and these witnesses and take steps to ensure both the evidence and the witnesses will be available to assist them in obtaining compensation for their losses.

Winning a Wrongful Death Truck Crash Case

Just because a loved one died in a truck accident does not mean that the surviving family members are entitled to compensation.

Before a court will order a truck driver, the truck driver’s employer, or any other allegedly-negligent party to pay compensation, the court must find that:

  • The surviving family member(s) bringing a wrongful death suit are statutorily-entitled to do so (some states have limits on who may file a wrongful death lawsuit);
  • The trucker owed the decedent a duty that required the trucker to operate his or her truck in a reasonable and safe manner;
  • The trucker violated this duty he or she owed to the decedent by driving the truck in a careless or negligent manner (i.e., by driving while drowsy or under the influence);
  • The trucker’s negligent or careless behavior brought about the death of the decedent by causing or contributing to the fatal collision;
  • The losses of the surviving family member(s) and the expenses they incurred are documented and able to be compensated through a monetary award.

No amount of money can bring back a deceased loved one or erase the painful, traumatic memories associated with a fatal truck collision. However, a successful wrongful death truck crash lawsuit can provide grieving family members with monetary compensation that can allow them to focus on their mental and emotional healing.

Contact Stern Law, PLLC Today for Help with Your Wrongful Death Truck Crash Lawsuit

Truck crash attorney Ken Stern of Stern Law, PLLC understands the pain and trauma associated with losing a loved one in a truck crash. He is committed to helping you and your family protect your legal rights, obtain necessary compensation for you, and holding the truck driver and others responsible for your loved one’s death to account for the harm they caused. Call Stern Law, PLLC today at (844) 808-7529 to learn how Ken Stern can help you.

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