What is the Difference Between Wrongful DeathA legal term referring to a claim against a person who can be held liable for a death. and Accidental Death in Truck Accident Cases?
Trucking tragedies have the power to shatter lives, leaving families grappling with profound grief and uncertainty over a loved one having been taken. If you've experienced the devastating loss of losing a loved one because of truck driver negligence, you may be considering legal action to hold the responsible parties (e.g., trucking company, motor carrier, broker, or shipper) accountable.
In catastrophic truck crashes involving deaths, claims may include both wrongful death claims, survivor claims, and claims for the losses suffered by the family members and beneficiaries of the person whose life was taken.
In this article, we'll explore the different claims and how they relate to the compensation you may be entitled to recover.
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No other law firm knows trucks quite like us. Our trucking law expertise and trial experience allow us to win multi-million-dollar results year after year.
Involved in a Crash?
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
What is Wrongful Death?
Wrongful death is a type of legal claim made by the surviving family members or dependents of a person whose life was taken because of someone else's negligence, recklessness, or intentional wrongdoing. While the terms "negligence," "recklessness," and "wrongdoing" carry different nuances, they all point to the core idea that someone's actions (or inactions) led to a life being taken.
Negligence is generally defined as the failure to do what a reasonably safe person or company would have done in similar circumstances OR the failure to use reasonable care.
When it comes to fatal truck crashes, wrongful death claims usually arise when a person dies because of negligence on the part of the truck driver, trucking company, brokers, mechanics, repair shops, trailer manufacturers, and/or other parties involved in placing the commercial vehicle, cargo, or truck driver on the road.
Note: Many factors play a role in causing a fatal truck crash. If multiple parties’ actions had a hand in taking your loved one from you, you can file multiple claims against these parties individually or as part of your overall wrongful death lawsuit.
Although different states have different laws that vary dramatically, most states have enacted laws that allow survivors to recover for their loved one having been wrongfully taken from them.
Key Points to Note About Wrongful Death in Truck Accidents
Negligence: Wrongful death claims hinge on proving negligence on the part of the truck driver, trucking company, or the other parties mentioned above. This negligence could involve factors such as distracted driving, speeding, truck driver fatigue, or inadequate maintenance of the truck.
LiabilityLegal responsibility for one's acts or omissions. In negligence cases, liability includes proving negligence, proving causation, and resulting damages.: Establishing liability is crucial in wrongful death cases. It means proving the actions or inactions of the responsible partyA participant in a lawsuit. In a civil lawsuit, the party who sues is the plaintiff and the party being sued is the defendant. directly resulted in a life being taken.
Compensation: If a wrongful death claim is successful, the surviving family members may be entitled to compensation for various damagesIn a civil lawsuit, money designed to compensate an injured person. This includes economic damages (measurable financial loss like medical expenses) and non-economic damages (categories like pain and suffering or loss of love.), including funeral expenses, medical bills, loss of income, and emotional distress.
Damages: In many states, surviving family filing a wrongful death lawsuit may be entitled to compensation for all the ways the loss of their loved one(s) has harmed them, their family, and the community.
These damages include economic damages (the earnings that the person who died would have reasonably been expected to earn over their life, medical and funeral expenses) and non-economic damages, which are the things that have human value but no price tag.
For example, some states provide for the loss of love, affection, guidance, and companionship. In most cases, these are the greatest losses suffered by surviving family members. Some states may also recognize independent grief claims for the surviving family members.
Additionally, many states recognize damages called survivor damages which are the damages suffered by a truck crash victim in between the time of the crash and their passing.
For example, a person could have experienced pain and suffering, mental anguish, fear, or shock; they may also have been confined to a hospital before their death. In these instances, juries or judges are often asked to determine the monetary value of these damages at trial.
Which State Laws Apply to my Wrongful Death Lawsuit?
It is important for lawyers handling wrongful death and survivor claims to be familiar with and analyze what substantive laws apply. Just because a crash happened in one state does not automatically mean the law of that state applies.
For example, if the trucking company is in Ohio and hires a dangerous truck driver from Oklahoma, Oklahoma law may apply. However, a wrongful death claim might also be brought in the state where the trucking company does business or where its primary office is located.
Some states limit the amount of recoverable damages, while others allow for full compensation. Some states have put maximum limits on the value of human life while others have not.
An experienced truck crash lawyer will be able to assess the facts of your case and the parties involved, and then determine the appropriate state in which to file your truck accident claim.
Statute of LimitationsThe time limit within which a lawsuit must be filed.: It's essential to file a wrongful death claim within the specified statute of limitations, which varies from state to state. Failing to do so could result in the loss of the right to seek compensation.
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What is an Accidental Death?
In the aftermath of a loved one's tragic passing, matters of insurance and legalities can become intertwined, particularly in the context of truck accident cases. So it’s understandable why the term "accidental death” and the subsequent accidental death claim may be mistakenly confused or associated with “wrongful death” and wrongful death claims. However, it's important to clarify that these terms, while both arising from fatal incidents, are distinct and serve different purposes.
Unlike wrongful death claims, which can be filed by anyone who has lost a loved one due to someone else’s negligence, accidental death claims can only be filed if the deceased person had obtained accidental death coverage previously.
If you’re considering working with your insurance company to file an accident death claim after a fatal truck crash, it’s highly advisable to speak with a truck accident attorney first. An experienced truck accident lawyer can offer valuable insights into the merits of pursuing a wrongful death claim, and offer essential guidance for initiating an accidental death claim through your insurance provider, should one be needed.
Remember, truck accidents are complex, and responsible parties are not always immediately evident. Discussing your loved one’s crash details with an experienced truck accident attorney near you can help identify claims for liability and negligence that generalized personal injuryLegal term for an injury to the body, mind, or psyche, as opposed to an injury to property. attorneys might overlook -- and insurance companies don’t want you to recognize.
In the aftermath of a fatal truck accident, hiring a lawyer who understands which laws apply and what damages are available in different states is crucial so that you and your family can obtain the full justice you deserve.
Your Loved One Deserves Justice. Contact The Law Firm for Truck Safety Today.
If you've lost a loved one in a fatal truck accident, consulting with an experienced truck accident attorney is crucial.
Our truck accident lawyers would be honored to help you determine the appropriate course of action and navigate the complexities of the legal system to seek justice and compensation for all that was taken from you.
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