Has Your Loved One Passed From a Wrongful Death?
Professional trucking is a dangerous job. Truckers drive billions of miles each year on dangerous highways where the risk of death is always present. Sadly, hundreds of truckers die or get injured each year in highway accidents and while loading, unloading, or maintaining their trucks (FMCSA). The unexpected death of a loved one is a tragic event. Money cannot replace the life of a loved one, but money can provide the trucker’s family with financial security in the future. If you’ve lost a trucker in what you believe to be a wrongful death incident, you should speak to an attorney specialized in the trucking industry about your legal options as soon as you can.
Taking Legal Action After a Trucker’s Wrongful Death
If the death occurred as a result of a work related accident, the trucker’s family may be entitled to workers’ compensation benefits. These benefits are paid whether or not the employer was at fault (or negligent) for causing the death.
If the death was caused by the negligence of someone other than the trucker’s employer, the law allows the trucker’s family to recover monetary damages in a lawsuit known as a “wrongful death” action. Wrongful death actions may be brought where the death occurred as result of a highway accident, medical negligence, unsafe products, unsafe property, or any other circumstance where someone was negligent.
Legal Criteria and Potential Liable Parties in Wrongful Death Claims
To pursue a wrongful death claim following a trucking accident, certain legal criteria must be met. First, there must be evidence proving that the death was directly caused by the negligence or wrongful act of another party. This could involve demonstrating that the responsible party failed to exercise reasonable care, violated traffic laws, or engaged in reckless behavior. The burden of proof lies with the plaintiff to establish that this negligence was the direct cause of the fatality.
In wrongful death claims, various parties can be held liable. Trucking companies are often primary defendants, especially when the accident results from poor maintenance of the truck, insufficient training of drivers, or excessive pressure on drivers to meet unrealistic schedules. The company is legally obligated to ensure that their vehicles are safe and that their drivers are competent.
Truck drivers themselves can also be held accountable if the accident was due to their direct actions, such as driving under the influence, distracted driving, or violating hours-of-service regulations. In these cases, their liability stems from a breach of their duty to operate the vehicle safely and in accordance with the law.
Furthermore, manufacturers of truck parts or vehicles may be liable if a defect in the truck or one of its components caused the accident. This includes issues like brake failures, tire blowouts, or faulty steering mechanisms, which could lead to catastrophic outcomes. If a defective product is determined to be the cause, the manufacturer can be pursued for damages under product liability law.
It is crucial to consult with an experienced wrongful death attorney to navigate these complex legal issues and identify all potentially liable parties to ensure full and fair compensation.
Representing Truckers’ Families in Wrongful Death Claims
In addition to compensating the victim’s family, a wrongful death lawsuit helps to make unsafe companies and individuals act in a safe and more responsible manner to prevent tragedies in the future. There is a clear statute of limitations for wrongful death claims and for other claims, so you should contact an attorney as soon as possible. If your loved one has suffered a wrongful death, contact us today at 417-323-2889 (417-323-2889) or email us at [email protected] for more information on how we can help you pursue a wrongful death claim. There is no cost or obligation for your consultation
