What Can Families Do After a Trucking Accident Fatality

What Can Families Do After a Trucking Accident Fatality

Trucking accidents often result in devastating injuries and fatalities due to the massive size and force of commercial vehicles. When a loved one dies in a truck crash, families are left facing immense emotional pain and unexpected financial burdens.

Pursuing compensation can feel overwhelming, especially when dealing with powerful trucking companies and their insurers. Insurers can reject your claim or make a low settlement offer that doesn’t cover your losses. You can ease your burden by working with a compassionate and trusted legal professional. Our experienced truck accident attorneys at Presley and Presley Trial Lawyers understand the depth of your loss and the challenges of wrongful death claims.

We work tirelessly to investigate the crash, establish liability, and initiate a claim or lawsuit on your behalf.

Truck Accident Wrongful Deaths Key Takeaways

• After a trucking accident, report the crash to the police, notify your insurer, and consult a truck accident attorney to protect your rights.
• Immediate family members, including spouses, children, and parents, can bring wrongful death claims, depending on state laws.
• The value of a wrongful death claim depends on factors like earning capacity, dependents, and available evidence.
• A truck accident lawyer can investigate the crash, handle insurers, and pursue compensation for your family’s loss.
• Contact a truck accident attorney for legal support.

What to Do Immediately After a Truck Accident

Your actions after a trucking fatality can protect your legal rights. Here’s what to do if you lose a loved one in a trucking crash:

File a Police Crash Report

After a truck accident, you should file a crash report with the local police department. The report is official documentation of the crash, including details such as vehicle positions, road conditions, witness statements, and the officer’s initial assessment of fault.

The objective third-party documentation is invaluable evidence when memories fade or parties change their stories.

Insurance companies rely heavily on police reports when evaluating claims. Without one, insurers may question the accident’s severity or even whether it occurred. The report also triggers official investigations into potential violations of federal trucking regulations, driver logbooks, and vehicle maintenance records.

Some states require accident reports by law when a crash results in injuries, death, or significant property damage. Failing to file can result in fines or license suspension.

Even if the truck driver seems cooperative at the scene, circumstances can change quickly. A police report establishes an official record that protects you from disputed liability, strengthening your position during negotiations or trial.

Notify Your Insurer About the Crash

Notify your insurance company about the truck accident; most policies require timely reporting. Provide basic facts, including date, location, and parties involved. Avoid giving detailed statements about fault or injuries until you have consulted a truck accident lawyer.

Many insurers work hard to minimize their financial liability. Therefore, before speaking with a truck accident lawyer, be cautious about accepting any settlement offers, whether from your insurer or the trucking company.

Early offers typically undervalue your claim and may not account for long-term losses. Once you accept an offer, you cannot seek additional compensation, even if circumstances worsen.

Consult a Truck Accident Attorney

You should consult a truck accident attorney after a fatality. These cases involve federal and state regulations that govern the trucking industry, requiring deep knowledge that most general attorneys lack.

An experienced truck accident lawyer will evaluate your case’s merits during an initial consultation. They can then advise whether you have a case against the negligent party.

A truck accident lawyer will investigate to establish negligence by examining driver logs, maintenance records, and hiring practices. They can also investigate compliance with Federal Motor Carrier Safety Administration regulations.

They’ll determine if the driver, trucking company, vehicle manufacturer, or other parties bear liability for your loved one’s death. The investigation findings can reveal violations like hours-of-service breaches, inadequate driver training, or mechanical failures.

A truck accident lawyer will also handle negotiations with insurance companies. Trucking companies carry substantial liability policies, and their insurers employ aggressive tactics to minimize payouts.

A truck accident attorney will handle all communications, preventing insurers from exploiting your grief or extracting damaging statements.

If negotiations fail, a truck accident attorney will file a wrongful death lawsuit and represent your family through litigation. They’ll manage court deadlines, present evidence, retain expert witnesses, and advocate for justice.

Who Can Bring a Wrongful Death Claim

The right to file a wrongful death claim after a trucking accident fatality varies by state law. Even so, the law gives priority to the immediate family members. Surviving spouses have the primary right to pursue these claims, as they’ve lost companionship, financial support, and shared plans.

Children of the deceased, whether minors or adults, can also file wrongful death claims for the loss of parental guidance, support, and relationship. Here are the parties who can initiate a wrongful death claim after a truck accident:

Claims by Parents, Partners, and Dependents

Parents may bring claims if their child died in the accident, regardless of the child’s age. The law recognizes the profound loss parents experience and their potential financial losses. In some states, domestic partners or financial dependents may also have standing to file, particularly if they can demonstrate economic reliance on the deceased.

How States Handle Multiple Eligible Parties

When multiple eligible parties exist, state laws determine the order of priority. Some jurisdictions require the estate’s personal representative or executor to file on behalf of all beneficiaries, consolidating claims into a single lawsuit.

A wrongful death claim by a personal representative or executor prevents multiple conflicting suits and ensures fair distribution of any recovery among family members.

Extended Family Members 

Siblings, grandparents, and extended family members cannot file wrongful death claims unless they were legal dependents of the deceased. In some instances, the state law permits it. However, they may be entitled to portions of any settlement or verdict if named as beneficiaries.

Filing Deadlines for Wrongful Death Claims

Time limits, known as statutes of limitations, determine the timeframe within which families can file wrongful death claims, typically ranging from one to three years, depending on the state. In Missouri, families have three years after an accident. These deadlines are strict; missing them usually means losing the right to compensation permanently.

Why You Should Consult a Truck Accident Attorney

A truck accident attorney can determine who has legal standing in your state. They can also help resolve family dynamics if multiple parties wish to file. They can work with eligible family members to build a strong case.

How Wrongful Death Settlements Are Calculated

There is no average for wrongful death lawsuits. The compensation available in a trucking accident wrongful death case varies based on multiple factors. Here are the factors that influence how much you can receive for your wrongful death lawsuit:

Age of the Deceased

The victim’s age impacts potential compensation. Younger victims typically result in higher awards because they had more working years ahead and longer life expectancy. A 35-year-old with decades of earning potential will generally warrant greater compensation than someone nearing retirement.

However, older victims with established careers may have higher current earnings, enhancing the value of a wrongful death lawsuit.

Earning Capacity

The deceased’s income, education, skills, and career trajectory affect the value of a wrongful death lawsuit. A truck accident lawyer can make a case for a higher value based on current salary, benefits, bonuses, and reasonable future earnings.

Deceased loved ones with high earnings or those with advanced degrees and strong career prospects typically result in larger settlements. A truck accident attorney can also demonstrate the losses associated with non-working individuals, such as stay-at-home parents.

Circumstances of the Accident

You can make a case for punitive damages, which leads to a higher settlement value if the crash involved egregious negligence. A judge may award you punitive damages for the following reasons:

• The trucking company knowingly violated safety regulations
• Falsified maintenance records
• Pressured drivers to exceed hours-of-service limits’

A judge can also award punitive damages for particularly tragic circumstances, including prolonged suffering before death or the death of multiple family members.

Number of Dependents

More dependents mean higher compensation since more people relied on the deceased financially and emotionally. Minor children, disabled family members, or elderly parents who depended on the victim increase the claim’s value.

Courts consider each dependent’s age, needs, and the support they’ve lost.

Insurance Policy Limits

The negligent party’s insurance is the source of compensation for the surviving family members. Therefore, their coverage limits determine how much you can receive for your losses.

Commercial trucks usually carry substantial liability insurance, often $1 million or more. If damages exceed policy limits, a truck accident attorney may pursue additional compensation from the trucking company’s assets.

They can also pursue other liable parties, like manufacturers or cargo loaders, or multiple insurance policies.

Availability of Evidence

Evidence is the foundation of a strong case and larger settlements. The more evidence you have, the better your chances of securing a higher settlement value. A truck accident lawyer can document negligence using:

• Driver logs showing violations.
• Maintenance records revealing ignored problems
• Eyewitness testimony
• Accident reconstruction data
• Black box data from the truck
• Surveillance footage
• Expert witnesses

A truck accident attorney can use black box data to reconstruct the moments leading up to a fatal crash. Suppose the truck’s black box shows that the driver was speeding 15 miles over the limit and failed to brake before impact. In that case, the black box data can prove negligence or violation of federal trucking regulations.

A truck accident attorney can use evidence to strengthen liability claims and counter insurance company defenses. They can also initiate a wrongful death lawsuit in pursuit of a fair settlement value or award that covers your losses.

Chances of Winning a Wrongful Death Suit

Your chances of winning a wrongful death suit improve when you work with an experienced truck accident attorney. They can investigate the incident to establish negligence, gather evidence like driver logs and maintenance records, and retain expert witnesses.

A truck accident attorney understands insurers’ tactics and courtroom procedures. They can also present compelling cases and negotiate from positions of strength.

Call a Truck Accident Attorney to Help Face the Aftermath 

You’re likely to endure financial distress after the loss of a loved one in a truck crash caused by someone else’s negligence. For example, you may struggle to cover funeral expenses, medical bills, and the sudden loss of household income that their loved one once provided.

Our truck accident lawyers at Presley and Presley Trial Lawyers will thoroughly investigate, determine fault, and pursue a fair settlement on your behalf. Contact us online or at (816) 931-4611 to schedule a free consultation.

Truck Accidents Frequently Asked Questions