Semi-trucks are massive, powerful vehicles. When fully loaded, a commercial truck can weigh up to 80,000 pounds. It should be no surprise that the results of these crashes are often devastating and catastrophic, leading to serious injuries and death. According to the statistics from the National Security Council, about 5,700 people were killed in commercial truck accidents in 2021. More than 60% of these victims were riding in passenger vehicles at the time of the accident. In many cases, the victims were innocent motorists who were simply in the wrong place at the wrong time when the crash occurred. Negligent driving, including speeding, reckless driving, impairment, drowsy driving, and distraction all contribute to the large number of serious and fatal truck crashes on America’s roadways.
There is nothing more devastating than the sudden and unexpected loss of a family member in a traffic crash. This is especially true if your family member was not at fault for the accident. If you find yourself in this situation, it is important to understand your legal rights. Under the laws of all states in the country, loved ones can file a claim to recover compensation for the loss of their family member.
During this difficult time, your focus should be on your healing and recovery while leaving the legal details to your attorney. At Burg Simpson, our team helps family members who have lost their loved ones in truck accidents. We can provide the necessary legal help and support to assist you in getting the compensation that you deserve. Below, we will take a look at the legal options available to family members who have tragically lost a loved one in a truck accident.
Following a fatal truck accident, surviving family members naturally want answers. How did the crash occur? Who was responsible? What steps could have been taken to prevent it? In the aftermath of a fatal truck crash, a full investigation will be conducted. The goal of this investigation is to determine how the accident occurred and who should be held legally responsible.
A good national truck accident attorney can help family members obtain the answers that they need. Your attorney will conduct a thorough investigation into the crash. This investigation will reveal who was at fault and will help to determine legal liability. The information obtained from the investigation can then be used to present a compelling case for family members to receive compensation for the crash.
After the investigation is complete, victims can file legal claims to assist them in obtaining damages for the loss of their loved one. In most states, there are two types of claims available, survival claims and wrongful death actions.
A survival action is established by state statutes. The statutes govern the rules and procedures for bringing these claims. Survival actions are filed by loved ones directly against a negligent defendant. A survival action seeks to recover damages suffered by the decedent prior to their death. Normally, this means the pain and suffering caused by the accident itself, along with other losses that the decedent suffered by virtue of their death.
A wrongful death claim, on the other hand, seeks to recover other types of damages. The difference between survival and wrongful death claims is that wrongful death claims are filed by the victim’s estate, rather than directly by surviving loved ones. A wrongful death case starts with the opening of an estate and the appointment of an executor. The executor is simply a person who is appointed to handle the legal affairs of the deceased.
Once an executor is appointed, they are generally permitted to file legal claims on behalf of the estate. In wrongful death actions, a variety of damages are available, including:
A wrongful death action is the normal route taken by family members following a fatal truck crash. These claims have a larger variety of available damages when compared to survival actions. They are most often utilized by family members in order to achieve the compensation that they deserve.
Regardless of whether you pursue a survival or wrongful death claim, you could be entitled to recover damages from a negligent truck driver. These damages can be used to offset the unexpected expenses that you have incurred. You have a limited time to act and should reach out to us as soon as possible.
The loss of a loved one in a truck crash is an extremely catastrophic and devastating experience. Family members are left behind to pick up the pieces following a fatal truck crash. The resulting pain and grief are overwhelming, leaving family members with a major hole in their lives. The pain is even greater in cases where the accident could have been avoided. This happens when the truck driver’s negligence is the main cause of the accident.
Following a fatal truck accident, loved ones may have certain valuable and important legal rights. Exercising these rights is the next step in the legal process. Too often, victims fail to fully exercise their rights. They may try to take action on their own and, in the process, they make costly mistakes. In order to ensure that your rights are protected and secured, you should speak with an attorney as soon as possible.
Here at Burg Simpson, we provide legal help for those in need. Our nationwide truck accident lawyers can assist you during this difficult time. We aim to provide answers for victims. This allows loved ones to gain closure following an unspeakable tragedy. The compensation that you receive can be used to offset many of the unexpected expenses that you are suddenly facing.
Our firm is standing by to take your call at any time. We always provide free consultations and case evaluations for all potential and prospective clients. To schedule your appointment with one of our lawyers, please reach out to us using the link on our website or give us a call at (866) 695-1325.