If you’ve ever stood next to a semi-truck, you know just how big they are. They stand 13 feet high with an average weight of 80,000 lbs. As a car accident lawyer central Phoenix AZ residents can rely on can attest, the common sedan doesn’t stand a chance in an truck-auto accident. As a result, most collisions with semi-trucks result in fatalities.
Truck drivers, and the companies that employ them, have a responsibility to ensure their trucks are operated in a safe manner. Common types of semi-truck negligence include:
- Drug or alcohol use
- Excessive driving time
- Excessive speed
- Distracted driving
- Failure to maintain and upkeep the truck
WRONGFUL DEATH CLAIMS
If an accident occurs due to negligence on behalf of the truck driver or their employer, a wrongful death claim can be pursued. A wrongful death claim is a type of personal injury claim that is brought forth by the surviving family members of the victim. Specifically, the spouse, children, or parents of the deceased can file the lawsuit. If they do not, the estate of deceased may file a claim on their behalf.
One a love one dies in the such a sudden manner, family members find themselves overcome with grief. Many decisions must be made and life styles can change dramatically. As a result, the last thought the surviving family may have is to file a lawsuit. But most states have a statute of limitations for filing a wrongful death claim. The claim must be filed within two years after the date of the injury, or the surviving family members and the estate forfeit any right to the claim.
WRONGFUL DEATH DAMAGES
The burden of proof in a wrongful death claim is on the family members to prove that the truck driver or truck company is liable as a result of negligence or wrongdoing. Once liability is established, damages will be calculated based on:
· Victim’s medical expenses, if any
· Victim’s funeral and burial expenses
· Pain and suffering of both the victim and their surviving family members
· Loss of the victim’s future income
If the driver or company’s negligence is particularly gross, punitive damages may be awarded. Punitive damages are awarded to punish the negligent party for their misconduct.
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. Contact the law offices of Kamper Estrada, LLP for a free one-hour initial consultation with our experienced wrongful death attorneys.
Thanks to our friends and contributors from Kamper Estrada, LLP or their insight into finding an attorney.