You see dozens of commercial vehicles on your daily commute, and while you know they are inherently dangerous, you do not think you will lose your loved one to a fatal truck accident. The sad reality is that there are hundreds of fatal truck accidents across the country, and since 2009, there have been 2,500 fatalities nationwide.
These accidents are preventable, and your family is left with a gaping hole in their hearts when they happen. The truck driver and their employer will continue to make deliveries and make money. Your loved one’s death is only a delay in their money-making process.
Take legal action against them by working with a Memphis personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC.
Truck Accident Causes
Truck accidents are more common in Tennessee than you think, and there are various reasons they happen. Depending on the cause of the accident, you will also determine who is liable for an accident. Fatal truck accidents can happen because:
- Other drivers
- Reckless driving
- Distracted driving
- Inadequate training
- Negligent hiring
- Overweight cargo
- Driver exhaustion
- Maintaining or safety issues
- Defective parts
- Hazardous road conditions
Trucks take longer to brake and accelerate, which is a contributing factor in collisions. Since these vehicles require extra time, truck drivers must always stay alert to ensure they have enough time to react.
Suppose the driver takes their eyes off the road for a split second; that is all you need to cause a collision. When a driver causes you harm, you must hire a Memphis fatal truck accident lawyer.
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Liability After a Fatal Accident
Commercial trucks have state and federal regulations they must follow to ensure they are in proper working order and everything goes smoothly on the road. Once your Memphis fatal truck accident attorney determines the cause of your accident, they can better assess who is liable and must compensate you for your losses. Liable parties include:
- Truck drivers
- Trucking company
- Truck owner
- Local municipalities
- Safety inspectors
- Truck dealerships
- Vehicle and parts manufacturer
- Other negligent drivers
- Government agencies
- Maintenance technicians
Many parties can share responsibility for your loved ones’ loss. While having multiple parties seems complex, it can also help you get fair compensation. Most insurance policies have limits that do not cover death or provide such low compensation amounts you can barely pay for burial expenses.
With multiple parties, there are various insurance policies and higher limits. Deciding what is best during such a heartbreaking time is challenging, but fatal truck accident lawyers in Memphis can help guide you on your options.
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Who Can File a Claim
When a loved one dies, the family experiences many emotions like grief, and you do not want to imagine life without them. Another emotion you experience is anger and wanting the negligent party to pay. All deceased relatives will feel grief and anger, but only some can file a wrongful death claim.
Family of the deceased who can file claims include:
No one else can file a claim unless there is no living family and an estate executor can take action. Cousins, grandparents, adopted children, and siblings cannot take legal action. You can recover damages for:
- Medical expenses
- Loss of consortium
- Wages and benefits the deceased provided
- Loss of guidance and care
- Burial and funeral expenses
You can also recover punitive damages when there is extreme negligence.
How an Attorney Can Help
We will use evidence and medical records, and work with financial planners to determine how much compensation to request. We will also consider age, life expectancy, and insurance caps. There are many issues to consider, and every wrongful death case is unique.
Discuss your legal options and potential recovery with a GKBM fatal truck accident attorney in Memphis, TN, today.
Over $500 Million
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You Need Substantial Evidence for a Successful Claim
The insurance company will employ defense lawyers to avoid paying grieving families on legitimate claims. They will often offer a low settlement and say that is all they can do considering the circumstances. However, they cannot argue against facts and evidence. You will need substantial evidence to ensure you get the compensation you deserve.
Some evidence we will collect during an initial investigation and discovery process is:
- Eyewitness testimony
- Blood alcohol tests
- Cell phone records
- Crash reports
- Maintain records
- Blackbox data
- Forensic evidence
- Social media posts
- Police reports
- Medical documents
- Employee records
- Safety logs
We will seek evidence available to help your case and garner compensation. The faster we can move to collect and preserve the evidence, the better your chances. You do not have time to waste and must speak with fatal truck accident lawyers in Memphis immediately.
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Money for You
Wrongful Death Claims
No money can bring your loved one back, but you can receive justice and make the other party pay for causing you such a loss. We understand that you would prefer to have your loved one here, but the only way to get justice is through monetary recovery. There are two ways you can recover payment for your loss.
They also work concurrently, so you can try the other if one doesn’t work. Your first option is to file an insurance claim with the at-fault company within a year. We will conduct negotiations and other actions to resolve, and in most cases, do.
Then there is a wrongful death lawsuit after insurance claim efforts do not resolve. Litigation does not mean an automatic trial. During litigation motions, discovery and mediation will happen, which can also resolve the matter.
If all efforts fail, a trial is the last option.
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Call a Fatal Truck Accident Lawyer in Memphis, TN
You must focus on mourning, making funeral arrangements, and adjusting to life without your loved one. The least of your concerns is on legal matters, which is why you need help from our Memphis fatal truck accident lawyers.
Gatti, Keltner, Bienvenu & Montesi, PLC, is here to help you handle the legal ramifications of losing a loved one. Our lawyers offer free consultations, call or visit us today. We will work with you to determine the compensation you can obtain, giving you a financial foundation for the future.