The chances of being in an accident with a mail delivery truck are much greater than you might think. Mail trucks are larger than most vehicles, and weigh even more when they are loaded with packages. The damages a truck can inflict on a passenger car are very severe in nature. If your family member died after being hit by a mail truck, you might be able to pursue a wrongful death claim against the postal service and the truck driver.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Mail Truck
Every state has its own laws regarding personal injury claims. A wrongful death claim is basically a personal injury claim against the liable party brought on behalf of their relative who could have pursued a personal injury claim had he or she survived the crash. When a parent, spouse, or child is killed, the family suffers financial challenges from the loss of life. A wrongful death claim will allow the family to recoup compensation for their losses, which will help them relieve the financial burden. There are two different categories used for damages recovered through a wrongful death claim. The first category involves recovering damages from the moment of the driver’s negligent act to the time of the victim’s death to cover the damages he or she suffered, such as medical expenses, lost wages, and funeral costs.
The second category involves the losses suffered by the family when their relative was killed. These damages usually include the decedent’s loss of earnings up until the time he or she would have normally been expected to retire. Some states allow family members to recover compensation for loss of consortium, which is the loss of companionship and love from the relative who died because of being hit by a mail truck. A personal injury attorney can determine which damages your family can recover with a wrongful death claim.
The Role of Negligence in a Wrongful Death Claim After Being Hit by a Mail Truck
You will need to prove the driver was negligent to have a successful wrongful death claim. All four elements of negligence must be met for a claim to succeed. First, you must prove that there was a duty of care to be exhibited by the driver, which in this case was to adhere to traffic regulations and protect others from harm. Second, you must show that duty was breached. As an example, the trucker was speeding and failed to stop in time, rear-ending your loved one’s car. Third, you must show that the breach of that duty, in this case, speeding and following too closely, caused the crash. Lastly, show that the crash caused the injuries that led to death.
Consult with a Wrongful Death Lawyer
If your loved one was killed in a crash with a mail truck, you should consult with a wrongful death attorney. These attorneys work on a contingency basis, so you have absolutely nothing to lose and everything to gain. Complete the form to set up your free case evaluation with a wrongful death lawyer today!
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*Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against FedEx or any other party, you may not be entitled to any compensation.
