A Guide to Compensation for Families Affected by Fatal Truck Accidents

Commercial trucks are massive, powerful vehicles that can weigh up to 80,000 pounds when they are fully loaded. The sheer size of these trucks means that any collision in which they are involved is likely to be serious and destructive. For comparison, a large passenger truck weighs approximately 5,000 pounds. It should come as no surprise that truck accident victims can suffer serious injuries, including traumatic brain injuries, broken bones, internal bleeding, and even death as a result of a commercial truck accident. Sadly, many of these accidents are preventable and avoidable through the use of ordinary care and caution.

Family members often have questions about their legal rights following the loss of a loved one. There are remedies and compensation available for these difficult situations. A fatal truck accident case is highly complex and emotional and must be handled with care and compassion. Having an experienced nationwde truck accident lawyer is critical to protecting your legal rights and obtaining the compensation that you deserve. Here at Burg Simpson, we represent individuals and family members who have been harmed by negligent truck drivers and trucking companies. If you have lost a family member due to a truck accident, please reach out to us as soon as possible so that we can assist you.

Fatal Truck Accidents in the United States  A Guide to Compensation for Families Affected by Fatal Truck Accidents

Each year, approximately 5,000 people are killed in United States truck accidents. According to statistics, those most likely to be affected are occupants of other vehicles. In 2021, 4,4149, or approximately 80% of fatal truck crash victims, were occupying the other vehicle at the time of the collision. By contrast, 1,008 victims were occupying a commercial truck when the fatal accident occurred.

Deadly truck accidents were more likely to occur during the daytime hours and on non-interstate roadways. More fatal truck accidents (54%) were reported in urban versus rural (46%) areas. The month with the highest number of reported fatal crashes was September, with 515 while the month with the lowest number was February, with 289. The total number of fatal crashes has increased nearly 50% in the last 10 years, an indication that the roadways are becoming more dangerous for truckers and occupants of other vehicles.

The Cause of Fatal Truck Crashes

Fatal truck accidents are often caused by the negligence of one or more of the drivers involved. When a truck crash occurs, there are several common reasons for the collision, including:

  • Speeding
  • Careless and reckless driving
  • Impairment
  • Drowsy or fatigued driving
  • Overloaded or improperly loaded cargo
  • Equipment malfunction
  • Negligent maintenance and repair

Following a fatal truck crash, the cause must be closely investigated. A national truck accident lawyer will look into the collision in order to determine who should be held accountable.

Legal Rights for Families of Truck Accident Victims

There is nothing more devastating than the sudden loss of a loved one in a fatal truck crash. In the weeks following the accident, family members are left to grieve their loss and must find a way to move forward. During this time, it is important to understand various legal rights and options.

If your loved one was killed in a truck accident that was not their fault, the primary option is to pursue a wrongful death claim. Available in all 50 states, a wrongful death action is filed by the administrator of the victim's estate. A wrongful death action normally seeks a variety of damages, including:

  • Reimbursement of medical and funeral expenses
  • Lost wages and lost future earning capacity
  • Loss of affection, society, and companionship
  • Emotional pain and suffering
  • Punitive damages

Like other lawsuits, a wrongful death claim has a statute of limitations. This means that the case must be filed within a certain period of time following the accident or the legal right to pursue the claim is lost. Speaking with an attorney as soon as possible is the best way to avoid jeopardizing your legal rights in this situation.

Holding the Proper Parties Accountable

Receiving appropriate compensation following a deadly truck accident involves holding all responsible parties accountable for their actions. In most cases, this includes the truck driver. However, several other third parties may also legally be responsible for the collision.

Under the doctrine of respondeat superior, a trucking company can be held legally liable for the negligent actions of their employees. This means that if a truck driver causes an accident, the company is also on the hook for the associated damages. Other third parties who may be responsible include:

  • Mechanics
  • Truck manufacturers
  • Inspection agencies
  • Cargo loaders

There may be any number of potential scenarios where multiple individuals and entities are at fault for the crash. Family members who have been affected by a fatal truck accident should reach out to a qualified attorney after the crash in order to obtain proper advice regarding their options and to ensure that all evidence is preserved.

Nationwide Truck Accident Attorneys

Truck accidents are a traumatic and devastating event for victims. The effects of a fatal crash occur immediately and can last permanently following the crash. If your loved one was killed in a crash that was not their fault, it is important to seek legal help as soon as possible.

Here at Burg Simpson, we have a team of trained and dedicated national truck accident lawyers. Our firm has substantial experience handling these difficult cases all across the United States. Regardless of where you were affected, our attorneys can help. We have recovered more than $2 billion on behalf of injured victims and family members and we would be honored to assist you as well. Your time to act is limited, and you should reach out as soon as possible in order to avoid the loss of your rights.

We offer free consultations for all potential clients. When we meet with you, we will go over all of your legal options and plan the best path to success. There is no fee until we obtain a recovery on your behalf. To speak with one of our national truck accident attorneys, please contact us using our online intake form or give us a call at (888) 895-2080.

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