What Happens When a Truck Driver Has a Fatal Car Accident?

Losing a loved one is never easy, especially when that loss results from an accident that a negligent truck driver causes. If you recently lost a loved one in a fatal accident, it’s important that you have an experienced Brandon wrongful death attorney on your side. A lawyer can handle every step of the claims-filing or litigation processes for you so that you and your family can grieve the loss of your loved one. Specifically, your attorney can handle settlement negotiations with insurance company representatives or pursue a favorable litigation result for you in court.

Although no amount of money can ever replace a lost loved one, compensation can bring about a sense of closure and justice for you and your family.

fatal accident, having an experienced Brandon wrongful death attorney on your side is crucial.

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Brandon Wrongful Death Guide

• Common Causes of Fatal Trucking Accidents
• Who Can File a Wrongful Death Claim After a Truck Accident?
• Types of Wrongful Death Damages Following a Truck Accident
• Most Common Ways of Resolving a Fatal Truck Accident Case
• How a Lawyer Can Help with Your Wrongful Death Claim or Lawsuit
• Contact an Experienced Wrongful Death Attorney Today

Common Causes of Fatal Trucking Accidents

Truck drivers can contribute to fatal trucking accidents through various negligent actions, often stemming from poor judgment, lack of attention, or disregard for safety regulations.

• Distracted Driving – One of the leading causes of accidents is distracted driving. Mobile phones, GPS devices, or even eating while behind the wheel can all distract a truck driver. When their attention is diverted from the road, they may fail to react in time to avoid obstacles or other vehicles, increasing the risk of a serious accident.

• Fatigue – Driver fatigue is another significant factor contributing to fatal crashes. Long hours on the road can lead to exhaustion, impairing a driver’s reaction times, judgment, and overall alertness. Regulations set by the Federal Motor Carrier Safety Administration (FMCSA) require drivers to take rest breaks, but some may ignore these rules, resulting in dangerous driving conditions.

• Speeding – Exceeding speed limits or driving too fast for road conditions can severely affect a truck driver’s ability to control their vehicle. Given the size and weight of trucks, speeding can lead to catastrophic accidents since speeding requires longer stopping distances and reduces a driver’s ability to maneuver effectively.

• Improper Loading – Flatbed trucks often carry heavy or oversized loads. If cargo is improperly loaded or secured, cargo can shift during transit, causing the driver to lose control. Negligence in securing cargo can lead to dangerous conditions, such as rollovers or collisions with other vehicles.

• Driving Under the Influence – Operating a truck while under the influence of drugs or alcohol is a serious form of negligence. Even legal medications can impair a driver’s abilities. A truck driver’s intoxication can dramatically increase the likelihood of accidents, leading to tragic outcomes.

• Ignoring Traffic Laws – Truck drivers are required to adhere to the same traffic laws as other motorists. Neglecting traffic signals, failing to yield the right-of-way, or tailgating can result in collisions. 

• Inexperience – Inexperienced drivers may lack the skills needed to handle a large truck safely. Without sufficient training or experience, they may struggle with vehicle handling, understanding blind spots, or making safe lane changes.

Types of Wrongful Death Damages Following a Truck Accident

Following a fatal trucking accident, the family members of the deceased may pursue a wrongful death claim to recover various types of damages. These damages aim to compensate the surviving family members for their loss and the financial repercussions of the tragedy. The most common types of recoverable damages in such cases include:

Economic Damages 

Economic damages refer to the tangible financial losses incurred due to the death and can include:

• Medical Expenses – Medical expenses refer to the costs associated with the deceased’s medical treatment prior to their death, including hospital bills, surgical expenses, and rehabilitation costs.

• Funeral and Burial Costs – These expenses include all costs related to funeral services, burial, cremation, and any related expenditures, such as headstones or memorial services.

• Lost Income – This includes compensation for the income the deceased would have earned had they lived, including earnings, bonuses, and benefits. If the deceased was the primary breadwinner, this amount can significantly affect the family’s financial stability.

• Loss of Benefits – Family members may pursue compensation for any retirement benefits, pensions, or other financial benefits that the deceased would have received.

Non-Economic Damages

Non-economic damages cover the emotional and intangible aspects of the loss. These damages can include:

• Pain and Suffering – Pain and suffering damages can refer to the emotional pain and suffering the victim experienced before their death, especially if they endured significant physical pain or mental anguish. Or the emotional distressed caused to the family.

• Loss of Companionship –  Loss of companionship, also known as loss of consortium, compensates surviving family members for the emotional distress and loss of companionship resulting from the death, which is particularly relevant for spouses and children.

• Loss of Guidance – For children who lose a parent, damages can be sought for the loss of parental guidance and support, encompassing the emotional and educational guidance a parent provides.

Punitive Damages

In some cases, punitive damages may also be awarded. These damages are not meant to compensate the family for their losses but rather to punish the at-fault party for particularly reckless or negligent behavior. For example, if the truck driver was under the influence of drugs or alcohol at the time of the accident, punitive damages may be justified.

Most Common Ways of Resolving a Fatal Truck Accident Case

Resolving a fatal truck collision case where the truck driver is at fault involves several potential pathways. The families of victims can choose from various methods, including settling with the truck driver’s or trucking company’s insurer, litigating the case in court, or pursuing alternative dispute resolution (ADR) methods:

Settling with the Insurer 

One of the most common ways to resolve a fatal truck accident case is through a settlement with the insurance company. Following a thorough investigation of the accident and its repercussions, the victim’s family or personal representative (through their attorney) can negotiate a settlement offer. This process typically involves:

• Demand Letter – The family submits a demand letter outlining the damages suffered and the compensation sought. This letter serves as a starting point for negotiations.

• Negotiation – The insurer may respond with a counteroffer. The negotiation process can involve back-and-forth discussions to reach a mutually acceptable amount.

Settling is often quicker and less stressful than going to court. It allows families to receive compensation without the uncertainty of a trial. In addition, settlements can often be finalized without lengthy legal proceedings.

Litigating in Court

If the parties cannot reach a fair settlement, the family may choose to litigate the case in court, which involves filing a wrongful death lawsuit against the truck driver or the trucking company. The litigation process includes:

• Filing a Complaint – The legal process begins with filing a formal complaint outlining the case against the at-fault party or parties. 

• Discovery – Both parties engage in discovery, gathering evidence, taking depositions, and exchanging information relevant to the case.

• Trial – If the case proceeds to trial, both sides present their arguments and evidence before a judge or jury. The outcome will determine liability and the amount of damages awarded, if any.

Alternative Dispute Resolution (ADR)

Another option for successfully resolving a fatal truck collision case is through ADR methods, such as mediation or arbitration.

• Mediation – In mediation, a neutral third party facilitates discussions between the families and the insurance company, helping both sides reach a voluntary agreement.

• Arbitration – In arbitration, a neutral third party makes a binding decision after hearing arguments from both sides. This process can be less formal than a court trial but is typically more structured than mediation.

How a Lawyer Can Help with Your Wrongful Death Claim or Lawsuit

A wrongful death lawyer plays a major role in handling a fatal truck accident case involving a negligent truck driver. Here are several key ways that an experienced wrongful death attorney can assist in such cases:

• Legal Knowledge – One of the primary benefits of hiring a wrongful death attorney is their knowledge of local personal injury and wrongful death law. They understand the legal framework surrounding truck accidents, including relevant state laws, regulations, and the specific requirements for filing a wrongful death claim. Their knowledge ensures that the case is handled correctly from the outset.

• Investigation and Evidence Gathering – A successful wrongful death claim hinges on the ability to prove negligence. A wrongful death lawyer will conduct a thorough investigation of the accident, collecting essential evidence such as accident reports, witness statements, and photographs of the scene. They may also gather records related to the truck driver, such as driving history and maintenance records for the truck. This comprehensive approach helps build a strong case against the negligent party.

• Establishing Liability – Determining liability in a fatal truck accident can be complex, especially if multiple parties are involved, such as the trucking company, the driver, or even manufacturers of truck parts. A wrongful death attorney will analyze the circumstances of the accident to establish who is legally responsible for the death, which may involve consulting experts in accident reconstruction or trucking regulations to substantiate the claim.

• Calculating Damages – A wrongful death attorney explains to families the types of damages they may be entitled to recover, including economic damages (for example, lost income and medical expenses) and non-economic damages (such as pain and suffering and loss of companionship). The lawyer will calculate a fair compensation amount based on the specifics of the case and will carefully articulate the family’s losses.

• Negotiating with Insurers – Insurance companies often seek to minimize payouts, making negotiations challenging for grieving families. A wrongful death lawyer will handle all communications with the insurer, negotiating on behalf of the family to ensure they receive a fair settlement. If necessary, they are also prepared to take the case to trial if a satisfactory agreement cannot be reached.

• Providing Emotional Support – Handling the aftermath of a fatal truck accident is emotionally taxing. A wrongful death lawyer offers support throughout the legal process, allowing families to focus on healing while ensuring their legal rights are protected.

Contact an Experienced Wrongful Death Attorney Today

If you recently lost a loved one in an accident resulting from truck driver negligence, you should contact a knowledgeable and compassionate Brandon Personal Injury attorney right away. They can promptly investigate the circumstances of the fatal truck accident for you, determine your options, and work to obtain the compensation, justice, and closure that you and your family need.