Fatal Truck Accidents: What Surviving Family Members Need to Know
Unfortunately, commercial truck accidents often result in traumatic injuries and even death for the people who are involved. If you have a loved one who died in a fatal commercial truck accident, you might be entitled to carry out legal action against the driver or truck company. In this blog, we give surviving family members important information that they need to know about fatal truck accidents.
Filing a Wrongful Death Claim
When truck accidents cause the death of a person, their family members can pursue a wrongful death claim. These claims are a type of personal injury claim and can be filed against a truck driver, their employer, and any other party responsible for the fatal accident. The compensation that might be awarded in wrongful death case can help ease the financial stress that comes with an untimely death of a loved one.
In order to prove liability in a wrongful death case, the family will need to demonstrate that their loved one died due to the negligence or intentional wrongdoing of the party being sued, and that there was a financial loss caused by the death.
Truck accidents can be caused by numerous factors, including:
- Driver Error
- Truck Maintenance Issues
- Dangerous Road Conditions
All drivers who operate large commercial trucks have the legal obligation of meeting their duty of care by operating their vehicle safely whenever they are on the road. When a truck driver violates the legal standard of reasonable care, legal action can be taken against them.
When it comes to fatal truck accidents, it is important to evaluate all possible defendants to determine which parties can be held liable. Although the truck driver might have been involved in the accident, other facts might reveal that the trucking company is legally at fault. For example, if the driver of the truck was unqualified to operate the vehicle, but they were hired by the tucking company anyway, the company might be found liable for the accident as well. Surviving family members can also file a wrongful death claim against the truck manufacturer if a defect in the vehicle contributed to the collision.
Have you lost a loved one in a commercial truck accident? Contact our Los Angeles team of wrongful death attorneys to start your free consultation today.