There are hundreds of thousands of trucks on the road every day. Trucks are larger and heavier than a standard passenger vehicle, so they can cause much more damage in an accident. Accidents involving trucks often cause serious injuries or even death. If you lost a loved one because of an accident with a truck, you might be able to pursue a wrongful death claim against the at fault driver to recoup compensation for your damages. To pursue a wrongful death claim after being hit by a truck, consult with a personal injury lawyer.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Truck
Your family will suffer various damages after the death of a loved one. There are different kinds of damages you can recover through a wrongful death claim, but those damages usually fall into two categories. The first category involves damages suffered from the time the negligent act happens until the time the accident victim dies. This can vary significantly, depending on the injuries, so it could be minutes, days, weeks, or even hours. Medical bills, burial expenses, and lost wages fall into this category. The next category involves the loss of earnings from the individual’s death until they would have reached retirement age. Some states allow claims for loss of companionship and love, which is called loss of consortium.
The Role of Negligence in a Wrongful Death Claim After Being Hit by a Truck
For a wrongful death claim, you will need to prove negligence. There are four elements of negligence. The first element is to show the other driver had a duty or responsibility. In this case, the duty was to follow traffic regulations and protect others from harm. You must show that this duty was breached. For example, the truck was speeding or the driver ignored a traffic control device. Thirdly, you will need to prove that this breach caused the accident. As an example, speeding kept the truck from stopping in time and it crashed into the vehicle. Lastly, you must show that the injuries suffered in the crash caused the loss of life. When you prove negligence, you can have a successful claim for wrongful death after being hit by a truck.
Consult with a Wrongful Death Attorney
If your loved one died in a trucking accident, you should consult with a wrongful death attorney in your area. Wrongful death lawyers work on a contingency basis, so you have no out of pocket expenses or upfront costs. There is a statute of limitations, so don’t wait until it is too late to recover compensation for your losses. If you are interested in pursuing a claim for wrongful death after being hit by a truck because of the loss of your loved one, schedule your free case review today by completing the information request form on this page.
