A loved one can be taken from us due to a split-second decision. Truck accidents are avoidable, and you should not suffer a loss because of a truck driver’s reckless actions. You are entitled to compensation when a loved one dies from intentional or accidental acts.
Causes of Truck Accidents
Truck drivers maneuver larger vehicles and undergo rigorous testing, but that doesn’t stop them from driving recklessly and causing accidents. Local truck drivers endanger everyone when they don’t follow state and federal regulations. Most often, truck accidents happen due to the following:
- Sleep deprivation
- Defective parts
- Driving too many hours
- Distracted driving
- Hazardous road conditions
- Reckless driving
- Inadequate driver training
- Scheduling errors
- Cargo overloads
- Maintenance concerns
You should not be recovering from the loss of a loved one while truck drivers and their employers are thriving without consequences. Hold them accountable through a wrongful death claim. Call a fatal truck accident lawyer today.
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Liability for Fatal Truck Accidents
Liability is very complex regarding truck accidents because many possible parties can contribute to the collision. Your Oakville truck accident lawyers must conduct a thorough investigation to determine the cause of the accident and which party contributed to it. The entity found responsible for the accident is who will compensate you for your loss.
Potentially liable parties include:
- Truck driver
- Driver’s employer
- Owner of the rig
- Safety inspectors
- Local municipalities
- Vehicle and parts manufacturers
- Negligent drivers
- Government agencies
- Maintenance technicians
These parties can also share responsibility for a fatal truck accident. While it can take time to determine who is at fault for your loss, it is a vital step in the claims process.
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The Wrongful Death Claims Process
Working with a fatal truck accident attorney is essential to file a wrongful death claim. These cases take a long time and are very contentious. You are already dealing with grief and making funeral plans, the last thing to add to your plate is legal stress.
It is an overwhelming time, and a fatal accident lawyer in Oakville can relieve some stress by shouldering the burden of finding evidence and building a case. Our fatal truck accident attorneys handle various aspects of your claim:
- Gathering police and medical records
- Obtaining pictures and videos of the accident
- Taking eyewitness statements and depositions
- Negotiating with the insurance company
- Calculating your losses and compiling a demand package
- Determining liability
- Preparing your claim for litigation
- Representing you at mediation and trial
Working with fatal truck accident lawyers in Oakville, TN, is in your best interest to ensure you get justice for your loved one and hold these negligent parties accountable.
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Statute of Limitations
Since your loved one is no longer here, you might assume you have unlimited time to file a claim. All personal injury cases have a deadline, and when that deadline expires, you lose your rights. You have one year from the decedent’s death in Tennessee to file a lawsuit.
You will first file an insurance claim. You can pursue litigation if negotiations do not result in a favorable outcome.
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Who Can File Wrongful Death Claims
You must have strong ties to the deceased, whether blood or legal. Certain families can file a wrongful death claim, and there is a hierarchy of which members can. The family that can file these claims are:
- Surviving spouse
- Children of the dead
- The deceased person’s parent if there is no spouse or child
- If there are no family members, an executor of the estate
Cousins, grandparents, siblings, and adopted children cannot file wrongful death claims. However, if these parties are in the deceased’s will, the executor can file a claim, and the family can receive a disbursement of funds. You can discuss your circumstances with fatal truck accident lawyers if you are unsure about eligibility.
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You Need Evidence
The teams of lawyers behind truck drivers and their employers will not budge unless they see substantial evidence from you. GKBM will work with you to collect the following evidence and prove your claim:
- Blackbox data
- Blood alcohol tests
- Social media posts
- Police reports
- Employee records
- Safety inspections logs
- Maintenance record
- Forensic evidence
- Cell phone records
- Crash reports
- Medical reports
- Eyewitness testimony
Without a lawyer, you will need to collect this evidence and build a case independently. Focus on grieving while we focus on legal recovery.
Filing a wrongful death claim is to get compensation for your losses from the negligent party. Payment will vary depending on the damages you incur. When there is a death, damages are challenging to calculate because many families feel they are putting a price tag on life.
It is impossible to measure the value of the decedent’s life, but compensation must consider:
- Wages, benefits, and services the deceased was making and would continue to earn if they were still alive.
- The deceased would provide care, companionship, and guidance if they were still alive.
Other financial losses associated with death are also added to the total, like medical and burial expenses. The family can recover damages pertinent to their loss and within reason. In cases of egregious actions, you can also obtain punitive damages, but you must discuss these details with a fatal truck accident attorney in Oakville, TN.
While you believe you should receive millions, the court needs evidence of what you are asking for.
Speak to an Oakville Fatal Truck Accident Attorney
When you file a wrongful death claim for a fatal truck accident, you are doing so to get justice for a significant loss. The negligent party is working against you to ensure you do not get the money you deserve. They will employ various tactics to deny culpability.
You must have Oakville fatal truck accident lawyers building solid cases and ensuring you get the compensation you deserve. Gatti, Keltner, Bienvenu & Montesi, PLC are strong litigators, and we will negotiate with the insurance company for your benefit. With free consultations available, you do not lose when you give us a call.