When you see a commercial truck on the road, you wince and try to move past it as fast as possible. Drivers often have a subconscious fear of being in a collision with a commercial truck. That fear is not without reason since truck accidents have resulted in 2,500 deaths since 2009.
If a truck driver is negligent or reckless, anyone can lose their life in seconds. We understand that trucks move the economy forward, but that does not excuse them from liability when they cause harm to innocent people. Talk to a Marion fatal truck accident lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC, today.
Options After a Truck Accident
You have options if you lose a loved one in a truck accident. We cannot bring your loved one back, but we can make the truck driver pay for what they did. Making them pay does not come without challenges, and you need a fatal truck accident lawyer in Marion, AR, to investigate and build your case.
For a free legal consultation with a fatal truck accidents lawyer serving Marion, call (901) 526-2126
Causes of Truck Accidents
Truck drivers must drive miles and miles for hours on end, and while they should be taking rest breaks, they still end up driving when they shouldn’t. Some employers push drivers to drive when they should rest or drive recklessly to meet deadlines. No deadline comes before safety; trucking companies must remember that when making schedules.
Fatal truck accidents occur because of the following:
- Reckless driving
- Hazardous road conditions
- Lack of rest breaks
- Distracted driving
- Defective vehicle parts
- Inadequate training
- Negligent hiring practices
- Maintenance issues
Other drivers and third parties can also cause fatal truck accidents. You need a thorough investigation to determine the cause and, therefore, the liable party of your loved one’s death. The family has enough stress, and they do not need to relive the incident while investigating and collecting evidence.
That job is best done by a Marion fatal truck accident attorney.
Marion Fatal Truck Accident Lawyer Near Me (901) 526-2126
Liability After a Fatal Truck Accident
Since there are many causes of truck accidents, many potentially liable parties exist. It is essential to determine who caused the accident, as they are responsible for compensating the families of the deceased. Responsible parties might include:
- Local municipalities
- Truck driver
- Trucking company
- Truck owner
- Safety inspectors
- Government agencies
- Maintenance Technician
- Truck manufacturers
- Cargo loading companies
Before a truck gets on the road, many people and processes must take place. The trucking company must hire responsible drivers who pass all checks and follow state and federal regulations. Trucking companies must adhere to a maintenance and delivery schedule that does not put people in harm.
If there are delays, the party on the receiving end suffers, but innocent lives are saved. It is vital to recovery efforts to name all liable parties. Insurance limits exist; the more parties you can name, the better your chances of recovering total compensation.
Having multiple parties at fault can complicate matters, but GKBM has years of experience handling these cases.
Who Can File a Wrongful Death Claim
The person closest to the deceased can file claims. Cousins, grandparents, and adopted children do not have the right to file a claim in most cases. If there are no other relatives, those parties can attempt to file a claim.
Parties who can file a claim include:
If there is a surviving spouse, they can recover payment; if there is no spouse, the ability stands with the children. If the person was not married and did not have children, and had surviving parents, they can file a recovery claim. These issues are complex, and you need a fatal truck accident attorney in Marion to guide you.
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Evidence to Build Your Case
While you assume that the truck company will do right and compensate for your losses. They will often only offer to pay for funeral and burial costs or provide a small amount. Grieving families do not realize that these efforts are a way to avoid paying for their losses.
They cannot deny evidence, and as your fatal truck accident lawyers, we will present the following evidence, if available, to solidify your wrongful death claim. This evidence can include:
- Blackbox data
- Social media posts
- Eyewitness statements
- Blood alcohol tests
- Accident reconstruction reports
- Maintenance records
- Safety inspection records
- Police reports
- Cell phone records
- Employee records
- Pictures and videos from the scene
- Forensic evidence
- Medical reports
The discovery process takes the longest because it requires so much research, but the more evidence we have, the stronger your case. The fatal truck accident attorneys from GKBM have been handling wrongful death cases since 1970, and we know what to look for to build your case.
You Can Recover Damages
After a death, you want justice for your loved one, and the only way to get that justice is to make negligent parties compensate you. There are various damages available to loved ones, but you must review your circumstances with a fatal truck accident attorney near you. You can speak for your loved one when they are not here to speak for themselves.
You can recover damages for:
- Medical bills from the accident
- Funeral and burial expenses
- Loss of income
- Loss of potential future earnings
- Loss of care, support, love, and guidance
- Loss of consortium for spouses
- Mental anguish and distress
When you recover compensation, the estate executor or your lawyer can help you determine who is entitled to what. If the person left a will, you would likely work with an estate planner to distribute assets and claim compensation. Talk to a fatal truck accident lawyer in Marion, AR, today.
Call Gatti, Keltner, Bienvenu & Montesi, PLC, Today
A fatal truck accident changes families’ lives, and you need a fatal truck accident lawyer in Marion to ensure you get the justice you deserve for this irreplaceable loss. Truck accidents are preventable if every driver does their part and follows the rules. It is a difficult time, and all you should focus on is grieving and making burial arrangements.
Speak with a GKBM Marion fatal truck accident lawyer to take over the legal burden and get you the compensation you deserve. Contact us today for a free initial consultation at your convenience.