“The life of the dead is placed in the memory of the living.” – Marcus Tullius Cicero
Losing someone unexpectedly in a commercial vehicle accident is beyond devastating. The pain is unbearable. The questions are endless. How did this happen? Who is responsible? How will you seek justice?
You’re already drowning in grief, and now you have to deal with legal complexities, insurance companies, and financial burdens. But you don’t have to navigate this alone. A wrongful death claim can help you fight for the justice and compensation your loved one deserves.
Let’s break it down in the simplest yet most detailed way possible. Here’s what you need to know:
Understanding Wrongful Death in Commercial Vehicle Accidents
A wrongful death claim occurs when a person dies due to the negligence or reckless conduct of another. Commercial truck accidents include truck drivers, trucking firms, vehicle manufacturers, or independent contractors.
For example, imagine a tired truck driver who has been forced to work beyond legal driving hours, leading to a fatal crash. In this case, the trucking company may be held liable for ignoring federal safety regulations.
You need to prove three key things:
- The at-fault party had a duty of care (e.g., the driver had to follow traffic laws).
- That duty was breached (e.g., driving while fatigued or failing to maintain the truck).
- The breach directly caused the wrongful death.
Who Can File a Wrongful Death Claim?
Not everybody can file a claim. Normally, close family members such as spouses, children, or parents of the deceased have the right. Extended family members or legal representatives can bring it in certain states, too.
For instance, A woman loses her only son in a crash involving a semi-truck due to faulty brakes. She sued the person who was responsible for the wrongful death. The action claims payment for medical bills, funeral expenses, lost earnings, and pain and suffering.
What Damages May You Recover?
Wrongful death actions aren’t merely about punishing the guilty party. They also provide relief for the financial aftermath left behind. You can be entitled to:
- Economic damages: Funeral costs, medical bills, wages lost, and benefits lost.
- Non-economic losses: Pain and suffering, loss of companionship, and emotional distress.
- Punitive damages: If the event involved gross negligence (e.g., the truck driver was intoxicated), the court may award additional money to punish the responsible party.
For instance, if a three-time parent is killed in an accident with a commercial vehicle, his family seeks compensation for his future lost income, psychological trauma to his children, and the financial void left behind.
How Much Time Do You Have to Make a Claim?
Every state has a statute of limitations to pursue a claim of wrongful death as well, which is typically a year or so from the death date.
So, for instance, if the person you cared about passed away due to an accident involving a truck in the state of Texas, you’d generally have two years to pursue a claim.
Why You Need a Skilled Attorney for a Wrongful Death Case
Filing a wrongful death lawsuit is not simple. Trucking companies and their insurers will do everything to avoid paying. They may argue that your loved one was at fault or offer a lowball settlement.
A personal injury defense lawyer in Dallas can:
- Investigate the accident thoroughly.
- Collect crucial evidence (dashcam footage, black box data, eyewitness testimony).
- Handle negotiations with insurance companies.
- Take the case to trial if necessary.
For instance, when a tired truck driver hit a family vehicle, a lawyer found falsified logs. This resulted in a multimillion-dollar settlement for the grieving family.
Final Thoughts: Seeking Justice for Your Loved One
No amount of money can bring your loved one back. But a wrongful death action can bring financial security, a sense of justice, and responsibility for the one at fault. Don’t be deterred by legal jargon or ruthless trucking corporations.
If a commercial truck killed a family member, act now. Time is limited. Justice should never wait.
Are you ready to fight for your loved one’s rights? Consult a personal injury defense lawyer in Dallas today and start the journey toward the justice your family deserves.