When truck drivers and trucking companies behave irresponsibly, fatal accidents can unfortunately happen. If you lost a loved one in a fatal trucking accident, you have legal options available.
The experienced and compassionate attorneys at Shunnarah Truck Accident Lawyers can go over your legal options with you, take the appropriate steps on your behalf, and pursue the compensation and justice that you and your family deserve at this difficult time.
For a free case evaluation and legal consultation with an experienced fatal truck accident attorney, please call us at (205) 957-4995 or contact us online right away.
Types of Fatal Truck Crashes that Result from Negligence
Fatal truck accidents can occur in various ways, often stemming from the negligence of either the truck driver or the trucking company. These accidents are typically severe due to the massive size and weight of trucks, making collisions with smaller vehicles particularly deadly.
- One common type of fatal truck accident is a rear-end collision. Trucks require significantly more distance to come to a stop than passenger vehicles. If a truck driver is speeding, distracted, or following too closely, they may be unable to stop in time, causing a devastating crash. Trucking companies may also contribute to these accidents by imposing unrealistic delivery schedules and pressuring drivers to speed or skip rest breaks.
- Another deadly accident type is a jackknife. This occurs when the truck’s cab and trailer form a V-shape, often leading to a loss of control. Jackknifes frequently happen when a truck driver brakes too hard or too suddenly – especially on slick roads. Negligence plays a role here if the driver is inexperienced or poorly trained or if the trucking company fails to maintain the vehicle’s brakes and tires adequately.
- Rollover accidents are also prevalent and extremely dangerous. These can occur when a truck driver takes a turn too fast or swerves suddenly. Overloaded or improperly loaded cargo can make a truck top-heavy, increasing the likelihood of a rollover. In such cases, negligence may lie with the driver for failing to navigate turns safely or with the trucking company for not ensuring proper loading practices.
- Another common fatal truck accident is a blind spot crash. Trucks have large blind spots, and if a driver fails to check these areas before changing lanes or merging, they can collide with vehicles hidden from their view. This type of accident is often due to the truck driver’s negligence in not checking their blind spots carefully.
- Finally, fatigue-related crashes are a significant cause of fatal truck accidents. Truck drivers often work long hours, and if they do not get enough rest, their reaction times slow, and their judgment may become impaired. Trucking companies can be negligent by not enforcing hours-of-service regulations, which are designed to prevent drivers from working beyond safe limits.
In all of these cases, negligence – whether by the truck driver or the trucking company – plays a critical role in causing fatal truck accidents.
Elements of a Fatal Truck Accident Claim or Lawsuit
Proving the legal elements of a fatal truck accident claim or lawsuit is crucial to obtaining compensation. To succeed in a claim, the plaintiff (the person bringing the lawsuit) must establish four key elements: duty, breach of duty, causation, and damages.
- Duty of Care – The first element is a duty of care. Truck drivers and trucking companies have a legal obligation to operate their vehicles safely and follow all applicable laws and regulations. This duty includes obeying speed limits, avoiding distractions, and ensuring that the truck is properly maintained. Trucking companies also have a duty to hire qualified drivers, provide adequate training, and ensure that drivers do not work beyond the hours-of-service regulations. In a fatal truck accident case, the plaintiff must show that the truck driver or trucking company owed a duty of care to the deceased accident victim.
- Breach of Duty – The next element is proving that the duty of care was breached. A breach occurs when the truck driver or trucking company fails to act in a reasonably safe manner. For example, if the driver was speeding, driving while fatigued, or failing to check blind spots, these actions may be considered breaches of duty. Similarly, if the trucking company pressured the driver to meet unrealistic deadlines or failed to maintain the truck, it can be found negligent. The plaintiff must provide evidence that the driver or company did not fulfill their duty to operate safely.
- Causation – The third element is causation, which involves linking the breach of duty directly to the fatal accident. The plaintiff must prove that the truck driver’s or trucking company’s negligence was the primary cause of the victim’s death. This often requires expert testimony, accident reconstruction, and evidence from the crash scene. The plaintiff must demonstrate that, but because of negligence, the fatal accident would not have occurred.
- Damages – Finally, the plaintiff must prove that the fatal accident caused measurable damages. In wrongful death cases, these damages can include medical expenses, funeral costs, loss of income, and pain and suffering that the victim endured before death. The victim’s family may also seek compensation for the emotional trauma and loss of companionship resulting from their loved one’s death.
Filing a Wrongful Death Claim after a Fatal Truck Crash
Filing a wrongful death claim after a fatal truck crash involves several critical steps. These steps help ensure that the victim’s family can seek justice and obtain compensation for their loss.
- Step 1: Retain an Experienced Truck Accident Attorney – The first and most important step is to hire an experienced truck accident attorney. At Shunnarah Truck Accident Lawyers, we can guide you and your family through the legal process, handle communications with insurance companies, and gather the necessary evidence to build a strong case.
- Step 2: Investigate the Accident Scenario – Next, we can begin investigating the fatal truck crash. This investigation typically involves collecting evidence such as police reports, witness statements, traffic camera footage, and data from the truck’s black box (which records information about the truck’s speed and braking). We may also work with accident reconstruction experts to determine how the crash occurred and who was at fault.
- Step 3: Determine Liability – After the investigation, we will identify the parties responsible for the fatal accident. In truck accident cases, liability may rest with the truck driver, the trucking company, or even the manufacturer of a faulty truck part. We can review the evidence to determine who breached their duty of care and caused the accident.
- Step 4: Calculate Damages – We will then calculate the damages that you or your family are entitled to recover. These damages can include compensation for medical expenses, funeral and burial costs, loss of income, and pain and suffering that the victim experienced before their death. Additionally, you may seek compensation for the financial support the deceased would have provided.
- Step 5: File the Claim – Once the damages are calculated, we can file a wrongful death claim with the responsible party’s insurance company. The claim will outline the facts of the case, the damages sought, and the legal basis for the claim.
- Step 6: Negotiate a Settlement or Go to Trial – After the claim is filed, the insurance company may offer a settlement. We will negotiate on your behalf to ensure a fair settlement. If a reasonable agreement cannot be reached, we may advise filing a wrongful death lawsuit and taking the case to trial, where a judge or jury will decide the outcome.
Recoverable Compensation in a Fatal Truck Accident Case
In a fatal truck accident case, the family of the deceased may be entitled to compensation, also known as damages. These damages should address both the financial and emotional losses that the family experiences as a result of their loved one’s untimely death.
Economic Damages
The first category of recoverable compensation is economic damages. These are tangible losses that have a specific monetary value. Economic damages can include:
- Medical Expenses – If the accident victim received medical treatment before passing away, the family may be compensated for those expenses. This can cover hospital bills, emergency care, surgeries, medications, and any other related costs.
- Funeral and Burial Costs – The family is also entitled to recover expenses related to the funeral and burial of their loved one. This includes costs for the service, casket, burial plot, and other related expenses.
- Loss of Income – If the deceased was a primary breadwinner or contributed financially to the household, the family can seek compensation for the loss of future earnings. This includes the income the victim would have provided over their expected lifetime.
- Loss of Benefits – In addition to income, the family may be compensated for the loss of benefits that the deceased would have provided, such as health insurance, retirement benefits, and pension plans.
Non-Economic Damages
The second category is non-economic damages. These damages are more subjective and compensate for the emotional and psychological effects of the loss. Non-economic damages can include:
- Pain and Suffering – The family may recover compensation for the emotional pain and suffering they endure as a result of losing their loved one. This can include grief, mental anguish, depression, and the overall effect of the loss on their lives.
- Loss of Companionship – The family may also be compensated for the loss of companionship, care, and guidance that the deceased provided. This is particularly important for spouses and children who relied on the emotional support of their loved one.
Punitive Damages
In some cases, the family may be awarded punitive damages. These are not meant to compensate the family but to punish the at-fault truck driver or trucking company for particularly reckless or egregious behavior. Punitive damages are designed to deter similar conduct in the future.
In a fatal truck accident case, these forms of compensation aim to provide some measure of justice and financial relief for the family as they cope with their loss.
Litigating a Wrongful Death Truck Accident Case
Litigating a wrongful death truck accident case can involve taking the case to trial or pursuing Alternative Dispute Resolution (ADR) methods such as mediation or arbitration. Both approaches have their benefits and challenges, and the decision on which path to take depends on the specifics of the case and the family’s desires.
Taking the Case to Trial
Taking a wrongful death truck accident case to trial is sometimes the most straightforward way to seek justice. At trial, the case is presented before a judge or jury, who will determine the outcome based on the evidence and arguments that both sides present.
One of the main advantages of going to trial is the potential for a higher award. If the jury is sympathetic to the victim’s family and finds the truck driver or trucking company liable, they may award substantial damages – including punitive damages, if the at-fault party’s conduct was particularly reckless. Trials also provide a public forum, which can be important for families seeking to hold the responsible party accountable.
However, trials are often lengthy and can be emotionally draining. The process can take months or even years, during which time the family may have to relive the painful details of the accident. Additionally, trials carry the risk of an uncertain outcome. There is no guarantee that the jury will rule in the family’s favor, and even if they do, the at-fault party may appeal the decision, prolonging the process.
Pursuing Alternative Dispute Resolution (ADR)
Alternatively, the family may choose to pursue ADR methods such as mediation or arbitration. Mediation involves a neutral third party who facilitates negotiations between the parties to reach a settlement. Arbitration is more like a private trial, where an arbitrator hears both sides and makes a binding decision.
ADR can be quicker and less adversarial than a trial. It also allows for more privacy, as the proceedings are not part of the public record. Additionally, ADR can be less expensive and more predictable, as the parties have more control over the process.
However, ADR can result in a lower settlement compared to what may be awarded at trial. Also, in arbitration, the decision is binding, and there is usually no option to appeal.
Ultimately, the choice between trial and ADR depends on the family’s goals and the strength of the case. At Shunnarah Truck Accident Lawyers, we can help you decide which option is right for your case and circumstances.
Speak with a Knowledgeable Truck Accident Attorney Right Away
If you recently lost a loved one in a fatal trucking crash, the experienced legal team at Shunnarah Truck Accident Lawyers is ready to pursue the compensation, justice, and closure that you and your family need.
For a free case evaluation and legal consultation with a skilled truck accident lawyer, please call us at (205) 957-4995 or contact us online today.