Tens of thousands of semis travel the roadways daily. These semis, which are large and heavy, can really damage another party's vehicle in the event of a crash. When involved in a crash, they can do a lot of damage. The risk of being hit by a semi truck is possible.
If your loved one has died in an accident with a truck, you might be able to recover compensation for your damages through a wrongful death claim after being hit by a delivery truck.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Truck
Which damages can be recovered are dependent on the state where the accident took place, but in general, various damages can be sought. A wrongful death claim is basically a personal injury claim filed on behalf of the deceased person’s family.
If the accident victim had lived, he or she could have filed a personal injury claim to recoup their damages. The family members have suffered financial losses when their loved one was killed. These financial losses can be compensated through a wrongful death claim. Common damages include medical expenses, lost wages, and funeral expenses.
The claim can also ask for the deceased’s lost wages from the time of the accident until when he or she would have normally retired. Sometimes loss of consortium, which is loss of companionship and love, can be sought by the family.
The Role of Negligence in a Wrongful Death Claim After Being Hit by a Truck
To have a successful wrongful death claim, you must show that the truck driver was negligent. All four elements of negligence must be shown.
The first element is obvious, the driver has a duty to obey traffic laws, including commercial vehicle regulations.
Next, you will need to show that duty was breached. As an example, the driver failed to stop for a red light and crashed into a car. Next, you show that crash resulted because the truck driver ran the red light.
Then last, show that the accident victim’s death was because of the crash. Your wrongful death lawyer will help prove that the truck driver was negligent.
Consult with a Wrongful Death Attorney
If your loved one died after being hit by a truck, you should consult with a wrongful death attorney. Wrongful death lawyers work on a contingency basis, so you have nothing to lose. There is a strict statute of limitations for pursuing a claim, so if you wait too late you won’t be able to recoup damages.
Get your free case evaluation today, so you can find out how a wrongful death lawyer can help you with a wrongful death after being hit by a semi truck.
Additional Resources
*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 JB Hunt or any other party, you may not be entitled to any compensation.
