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Wrongful Death Claims after Truck Crashes

Apr 24, 2020

Wrongful Death Claims after Truck Crashes

Wrongful Death Claims after Truck Crashes
There is no doubt that traffic accidents involving large tractor-trailers can be terrifying events. The Federal Motor Carrier Safety Administration (FMCSA) reports that in a single year, about 450,000 crashes involved commercial trucks in the United States, and 4,237 of those crashes resulted in at least one fatality. Because truck accidents have such potential to be fatal, they often result in wrongful death claims to benefit the families of the deceased victims.

Wrongful Death in Alabama

If you sustain injuries in a truck accident, the law gives you the right to file a personal injury claim to seek payment for your medical expenses and other losses. However, if someone does not survive an accident, they cannot bring a legal claim. For this reason, Alabama law gives the deceased person’s estate (through its personal representative) the right to file a wrongful death claim.

The personal representative of the estate should be designated in a will or, if there is no will, appointed by the court. The claim can seek punitive damages against the party that was responsible for causing the wrongful death. Responsibility can be based on negligence or intentional wrongdoing, such as homicide. If a wrongful death claim is successful in proving liability and obtaining punitive damages, the damages are paid to the heirs of the deceased, such as the surviving spouse and children.

Who Should be Liable for a Fatal Truck Accident?

In order to initiate a wrongful death claim following a truck crash, you must first identify who should be held liable for the fatal accident. You have to know what party you need to file the claim against. Again, liability is based on negligence or wrongful acts, and many forms of negligence or wrongdoing can cause a truck accident. Some common causes include:

●    Distracted driving
●    Impaired driving
●    Aggressive driving
●    Fatigued driving
●    Driving too fast for conditions
●    Violating traffic laws or FMCSA regulations
●    Negligent hiring or supervision of drivers
●    Inadequate maintenance or inspection of trucks
●    Cargo loading mistakes
●    Dangerous road conditions
●    Defective truck parts or tires

Because there are so many things that might cause a truck to crash, there are several parties that might be included in a wrongful death claim, such as:

●    The truck driver
●    The trucking company
●    The truck manufacturer
●    Government agencies or road crew companies
●    Third-party cargo loaders
●    Third-party drivers

Determining which parties should be named in a wrongful death claim can be complicated, and it might require extensive investigation. It is important to seek help from an experienced wrongful death lawyer in Montgomery who has the resources to handle this type of case.

Contact a Montgomery Wrongful Death Attorney about Your Options

Losing a loved one in an accident can be devastating. If you believe that someone else should be held liable for your loss, you should speak with a Montgomery wrongful death lawyer at Luck Law right away. We know a claim cannot turn back time, but it can bring financial support and a sense of justice. Please contact us online or call 334-262-5455 for a free case evaluation today.

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