Trucks are scary but necessary to ensure consumers get the products they need, like groceries, electronics, and clothing. Everyone understands the necessity for these vehicles, but that does not take away from the harm they inflict. Truck accidents have many devastating consequences, and the worst is a fatality.
When your loved one dies in a commercial truck accident, you are left with a gaping hole in your life. You must discuss your legal options with a Horn Lake personal injury lawyer from Gatti, Keltner, Bienvenu & Monesti, PLC.
Causes of Truck Accidents
Truck drivers are responsible for driving safely and adhering to state and federal regulations. Some of the reasons fatal truck accidents in Horn Lake happen are:
- Reckless driving
- Distracted driving
- Sleep deprivation
- Inadequate driver training
- Negligent hiring practices
- Maintenance issues
- Hours of service violations
- Defective parts
- Hazardous road conditions
- Other drivers
These are a few examples, and if the reason for your loved one’s fatal accident is not here, you must consult with fatal truck accident attorneys.
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Types of Fatal Truck Accidents
Since trucks have a substantial size difference from other vehicles, there are unique collisions. Underride truck accidents occur when the smaller car goes under the truck, resulting in crush injuries and property damage. Truck rollovers happen when the truck rolls onto one side and collides with other vehicles.
Lastly, a jackknife accident occurs when the trailer collides with other vehicles across multiple lanes. During the collision, the truck cargo spills, overturns, or catches fire. Talk to a fatal truck accident lawyer in Horn Lake, MS, today.
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Liability for Fatal Truck Accidents
Multiple parties are liable after a fatal truck accident, and you need fatal truck accident lawyers to investigate the circumstances and determine who is responsible for your loss. The entity accountable is the person who will compensate you for your losses. Liable parties include:
- Truck driver
- The driver’s employer
- Safety inspectors
- Truck dealerships
- Other negligent drivers
- Government agencies
- Owner of the rig
- Maintenance technicians
- Vehicle and parts manufacturer
Third parties can also bear responsibility for the fatal truck accident. The more parties in the claim, the more complex your case becomes. Having multiple parties in the claim also means you have a higher chance of obtaining the compensation you need since insurance limits and financial restrictions can hinder your recovery efforts.
A fatal truck accident attorney in Horn Lake, MS, can review your case.
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The Family Has Options
Your loved one is not here to speak up, but they have left a family who can speak for them. Civilly our fatal truck accident attorneys will work to compensate you for your loss. You can take civil actions, and law enforcement can take criminal action.
Whether criminal charges are filed will depend on the state, and truck drivers can face fines, jail time, and license suspensions. If the deceased had a spouse or children, they could file a wrongful death claim. If they do not have a surviving spouse, the next of kin is eligible to file a claim.
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Truck drivers have extensive legal backing because their employers and insurance companies have teams of lawyers ready to use their resources to deny your claim. They take advantage of a grieving family to offer condolences and a low settlement or inform the family that it is a regrettable situation and there is nothing they can do about it. Your fatal truck accident lawyers will find evidence like:
- Blood alcohol tests
- Blackbox data
- Police reports
- Forensic evidence
- Cell phone records
- Crash reports
- Employee records
- Accident reconstructionist reports
- Safety inspection logs
- Maintenance records
- Social media posts
- Eyewitness testimony
We will leave no stone unturned when we investigate your claim. You have suffered an immeasurable loss, and you deserve to get compensation. Speak to the team at Gatti, Keltner, Bienvenu & Montesi, PLC so we can gather evidence for you and your loved one.
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After a successful wrongful death claim, the family or estate will receive compensation for their losses; the damages you can obtain will vary depending on the circumstances of your case. If the deceased had a will or an estate planner, they would recover and distribute the funds to relevant parties. Age, employment, and other characteristics will impact your compensation award.
Damages can include:
- Medical bills acquired from the accident before their passing
- Burial and funeral expenses
- Loss of guidance, love, support, protection, care, and advice
- Emotional trauma and physical distress
- Loss of income and potential future earnings
Work with a fatal truck accident lawyer in Horn Lake to determine which damages you can recover. The compensation you receive is not taxable, and it must account for how much the person contributed and would have continued to contribute to the household if they were still alive. We are not asking you to put a price on your loved one, as there is no price on their life. Instead, we are looking to make negligent parties pay for their actions.
Filing a Wrongful Death Claim
There are two legal paths for recovering compensation. The first step is filing an insurance claim, which is how most accident victims get compensation. Another option is to take your case to court by filing a lawsuit.
You must focus on mourning your loss and not on the legal complexities. Our fatal truck accident lawyers will handle the legal aspects like:
- Investigate the cause of the fatal accident
- Gather relevant evidence and documentation
- Quantify your damages when seeking compensation
- Negotiate with the insurance company
- Represent you at trial
There is a statute of limitations on how long you can take legal action. You must move quickly to ensure you get the benefits to which you are entitled. Once the deadline passes, families have no options.
Call Gatti, Keltner, Bienvenu & Montesi, PLC
Truck accidents are catastrophic, and the injuries they cause can result in death. Many truck accidents are preventable, and it is challenging to hear that your loved one did not have to die. You can get justice for your loved one by filing a wrongful death claim.
At GKBM, we offer free consultations so we can review the specifics of your incident and what legal options you may have. Call a Horn Lake fatal truck accident lawyer today.