Have you lost your loved one due to a truck accident? We know how hard this is for your family, and we want to help. Contact Burg Simpson for a free consultation to find out your legal options.

After losing someone you love in a fatal truck accident, most people are paralyzed by grief and have no idea what to do next. You may be facing piling expenses such as hospital costs for the person who died, funeral and burial expenses, and loss of income if that person was your family’s breadwinner. There is no amount of compensation that can bring back someone you lost, but it can mitigate the economic pitfalls you might be facing, as well as provide future financial security for you and your family.

That is just one of the reasons it is essential to reach out to a fatal trucking accident lawyer who has the knowledge and experience required to secure you the financial compensation you are entitled to for your loss.

For the past forty years, grieving families have relied on the truck accident lawyers at Burg Simpson for help getting the financial compensation they are entitled to legally after losing a loved one due to someone else’s negligence on the road.

Our law firm is distinctive because we focus specifically on cases that involve commercial trucks and major truck accidents. Our attorneys can advise on the best course of action for your specific situation and help you through this challenging time. Schedule your free case review with an experienced truck accident attorney by calling our law offices or filling out our online form today. We never charge our clients anything unless we win their truck accident lawsuit.

How Can Burg Simpson Help After a Fatal Truck Accident?

Choosing which lawyer you would like to represent you after the loss of a loved one is a huge decision. You want an attorney you can depend on to successfully settle your case, defend your rights, and get justice for your family member.

At Burg Simpson, we have devoted our decades of practicing law to becoming particularly proficient in these specialized kinds of cases. No law firm in the country can equal our level of knowledge, experience, and compassion for our clientele. We truly care, and we have the specialized knowledge to help.

We understand that a trucking accident is one of the most notable events in most people’s lives. After everything you have endured, you need the security of knowing that your truck accident case is in good hands. Our goal is to alleviate that concern for you, so you can focus on healing as a family and moving forward from this terrible tragedy.

Call our offices or fill out our contact form today. Your initial consultation with a truck accident attorney is free and confidential, and we take all fatal truck accident cases on a contingency fee basis, which means we never collect money unless and until we win.

What is a Wrongful Death Claim?

When someone is killed in a trucking accident that was the result of wrongdoing or negligence on the part of the truck driver, the freight company, or a third party, certain surviving members of the victim’s family are entitled to file a wrongful death action in order to receive financial compensation for the loss of their relative. Where personal injury laws are concerned, the term negligence pertains to any actions or behavior that are considered careless, irresponsible, illegal, or lacking due care. If one person’s negligence causes the death of another, the deceased person’s family is most likely eligible to bring a personal injury suit against the at-fault person, persons, or company.

The surviving family members who are entitled to file a wrongful death lawsuit vary from state to state. In most cases, eligible relatives include spouses, parents, and children. In certain states, siblings and persons who were unrelated to but financially dependent on the victim are also considered. If the deceased has no surviving spouse, parent, or child, the personal representative of the deceased’s estate is likely eligible to file to recover damages for medical expenses and burial costs, etc.

If you are uncertain whether or not you are entitled to take legal action, or who in your family is able to do so, reach out to the truck accident lawyers Burg Simpson for guidance. We will review the facts of your wrongful death case and advise you on what to do next at no cost to you.

What Damages Are Available After a Fatal Truck Accident?

If your family member died in a truck crash that was caused by someone else’s recklessness, negligence, or dereliction, an accident lawyer may advise you to bring a claim of wrongful death. A qualified wrongful death lawyer can help you obtain full and fair financial compensation for damages such as:

  • Medical expenses
  • Funeral and burial or cremation expenses
  • Lost wages and benefits
  • Loss of caring and fellowship
  • Physical pain and emotional trauma
  • Financial security for anyone financially reliant on the deceased, such as minor children
  • Depending on where the accident took place, punitive damages may also be available. Unlike economic damages, punitive damages are not compensatory but rather designed to punish the defendant for egregious acts of gross negligence. These are rare and not always available in every case.

Even though all the money in the world can truly indemnify you and your family for the loss of someone you love, the purpose of a wrongful death lawsuit is to acquire damages to help lessen the financial burdens that typically follow a catastrophic truck accident. Burg Simpson works hard to protect your family’s financial future so you have everything you need to rebuild after a tragic and unexpected death.

What Causes Fatal Truck Accidents?

The National Highway Traffic Safety Administration reported that trucking accidents have risen by about 53% over the past ten years. The most recent statistics published by the Fatality Analysis Reporting System, a division of the United States Department of Transportation, reveal that an average of 4,500 fatal truck accidents take place every single year. The rise in fatalities associated with commercial truck crashes is even more astounding when you consider the overall reduction in car accidents within that same time frame. Roughly 97% of truck accident deaths occur among the occupants of smaller passenger vehicles.

Every truck accident is different, but some of the most common causes of deadly truck crashes include:

Operator Error

According to the Federal Motor Carrier Safety Administration, errors made by truck drivers are 10 times more likely to cause a fatal truck accident than any other single factor. Truck driver error includes negligent behaviors such as drowsy driving, distracted driving, driving under the influence of alcohol or drugs, following too closely, speeding, misuse of braking and gear systems, and many others.

Equipment Malfunction or Failure

When a commercial truck’s steering system, brakes, or engine fails or malfunctions, the consequences can be fatal for other people on the roadway. Truck equipment malfunctions and failures could be caused by defects in manufacturing, design, maintenance, or installation.

Poor Driving Conditions and Inclement Weather

When compared to passenger vehicles, such as SUVs, cars, vans, pick up trucks, and motorcycles, oversized commercial trucks require considerably more distance and time to come to a complete stop, slow down, execute turns, change lanes, and exit a highway or interstate. Inclement weather conditions such as snow, rain, hail, sleet, fog, ice, and wind can make it extremely challenging for trucks to perform these and other driving maneuvers safely.

State and federal governments copiously regulate weight and size limits for trucks and their freight along with how that freight is to be loaded and secured. An improperly loaded or overloaded truck poses a heightened risk of hazardous wear on the braking systems, vehicle rollovers, and collisions resulting from improperly secured freight falling onto the roadways.

An experienced truck accident lawyer will know the most effective means of determining which, if any, of these factors played a role in your truck accident and work with leading industry professionals to make sure that the families of trucking accident fatality victims get the compensation they are entitled to. If you have questions about a recent fatal truck accident, talk to a truck accident attorney from Burg Simpson today.

Who is Liable for a Fatal Truck Accident?

When it comes to establishing liability after a fatal truck crash, it is entirely possible that more than one person can be held accountable for your family member’s death. While each scenario is unique, liability for a fatal truck accident most often falls on one or more of the following parties:

The Truck Operator

This one is fairly obvious, as the truck driver could have been directly responsible for the crash. From speeding to reckless driving and drowsy driving, the truck operator’s actions might have been the cause of your family member’s death.

The Freight Company

If the freight company was negligent in their hiring or training of the truck operator, it could be held liable. The freight company is responsible for keeping a record of all their drivers’ details, including training certifications, background checks, observing the Hours of Service rules, and other information.

A Third Party

A lot of commercial transportation companies use third-party brokers to match them with trucks and truck drivers to move their freight. Our truck accident lawyers will need to determine whether or not the third party did their due diligence when they hired a company to transport their cargo, along with how much they influenced the operator’s schedule.

The Vehicle or Parts Manufacturer

If your truck accident was due to a mechanical defect, malfunction, or another problem with a truck part, the manufacturer can also be held accountable. Also, if the independent truck driver or freight company failed to have the truck inspected and repaired on a routine basis, they could be held responsible for a faulty or defective part as well.

Truck accidents can be complicated, and in order to file a lawsuit you will need to accurately determine who was liable. All brokers, freight companies, and truck drivers have their own insurance policies, meaning you could be eligible to collect financial compensation from more than one source. Hiring a truck accident lawyer from Burg Simpson is the most effective way of ensuring that you obtain full and fair damages for your truck accident lawsuit.

Do I Need a Truck Accident Lawyer After Losing a Loved One in a Truck Accident?

If a member of your family was killed in a truck accident, then your family is entitled to hold the negligent party liable and pursue financial compensation for the damages you endured as a result. It is important to remember that the freight company and their insurance company will both have strong legal teams that will try their best to reduce or altogether deny your truck accident claim.

Even worse, if they know you do not have a truck accident lawyer in your corner who is familiar with all of the industry’s rules and regulations and who can secure and fully analyze black box data, company records, previous safety violations, and more, they will be more emboldened to attempt to settle with you for next to nothing or deny your claim.

Talk to an Experienced Truck Accident Lawyer Today

When it comes to trucking accident cases, particularly those that involve the loss of life, experience and skill are paramount.  Our truck accident attorneys have more than forty years of experience in dealing with these complicated truck accident cases. Our truck accident lawyer will begin work immediately by thoroughly investigating the events leading up to the truck accident, and start building the most compelling personal injury case possible on your behalf. This includes gathering evidence and working closely with accident reconstruction experts and engineers, crash investigators, and other qualified and relevant professionals to pursue all potential avenues of economic recovery. You can count on Burg Simpson to be unrelenting in our fight for the justice you deserve.

We know how vulnerable you feel, and our law firm believes that financial obstacles should never get in the way of justice being done. That is why we never charge any fees unless and until we win your commercial truck accident case. To schedule your free and confidential case review, give us a call at (888) 895-2080 or fill out the contact form on our website.
phone-handset linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram