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Whenever 18-wheelers, such as tanker trucks, delivery trucks, or other large commercial vehicles, are involved in a crash, the aftermath is often devastating. Unfortunately, the occupants of other vehicles typically bear the brunt of these accidents. In addition to their substantial size, most commercial vehicles carry a massive weight.Â
Some transport hazardous substances, further elevating the risk of catastrophic injuries or fatalities in the event of a collision. The significant disparity in size and weight between these vehicles and other cars on the road often results in tragic outcomes, with some victims losing their lives in the process.
Losing a loved one in a tragic collision is disheartening. If you lost a loved one in a commercial vehicle accident, you deserve answers as to how the crash happened and whether someone may have been at fault. That’s where the Dickinson truck accident lawyers at Lone Star Injury Attorneys can help.
While no financial verdict can fully compensate for the loss of a loved one, you also deserve monetary reimbursement for the loss. Our compassionate fatal truck accident lawyers in Dickinson are here to assist in getting these answers and the justice you and your loved one deserve.
When to File a Wrongful Death Claim After a Fatal Accident
The surviving estate of a loved one whose death stems from the careless, willful, or negligent conduct of another party may file a wrongful death claim for compensation. This helps bring closure and justice. That said, it is critically important to understand how and when to file a wrongful death case following a fatal truck accident in Dickinson.
Like personal injury cases, the eligibility to file a wrongful death claim is based on negligence. Anyone seeking compensation must prove the following elements of negligence as applicable in their case:
A Duty of Care Was Owed to the Deceased
Whether your loved one was a truck driver, pedestrian, motorist, or passenger in another car, someone must have owed them a duty of care. Everything reasonably possible was to be done to prevent foreseeable accidents or harm from occurring.Â
Depending on the circumstances of your loved one’s death, the duty of care may have rested on the trucking company, truck owner, truck manufacturer, or another motorist. A qualified Dickinson fatal truck accident lawyer will assist in establishing and proving the duty of care.
The Duty of Care Was Breached
Next, you must show how the duty of care owed to your loved one was breached. Using the examples stated earlier, a breach of care can manifest in several ways.Â
For instance, if the crash stemmed from a defective vehicle part, the truck manufacturer or owner may be sued. Similarly, if the careless conduct of a truck driver, such as speeding, contributed to the crash, their action amounts to a breach of duty of care.
The Breach Caused the Death of a Loved One
In addition to establishing the existence and breach of a duty of care, as discussed, your Dickinson personal injury lawyer must demonstrate the connection between the breach and the loss of your loved one. In other words, causation must be established.Â
This element aims to prove that the loss would not have occurred if the other party had adhered to the duty of care. Proving causation is a challenging task, but a seasoned lawyer specializing in fatal truck accidents can offer the necessary assistance.
The Breach Caused Damages
Lastly, you must provide proof showing the losses you suffered following the death of your loved one. Essentially, you can file two types of claims following a fatal truck accident. Firstly, survival action covers the losses incurred by the surviving estate of the deceased. Damages in this case may include loss of consortium, burial and funeral expenses, emotional distress, and more.Â
Secondly, a wrongful death case covers the damages that the deceased would have been entitled to by filing a personal injury claim if they survived. Pain and suffering, medical expenses, lost wages, and lost financial premiums.
For a free legal consultation with a fatal truck accident lawyer serving Dickinson, call (713) 429-0711
Why Truck Accidents are Devastating
As mentioned, truck accidents are often destructive. Besides causing massive property damage, collisions involving passenger vehicles, pedestrians, and other road users are often fatal. This is primarily attributed to their size, weight, and the type of load these trucks carry. For example, tanker trucks are prone to causing fires in the case of a crash.Â
This amplifies the scope and likelihood of destruction. Others carry hazardous chemicals with high toxicity levels. To mitigate the occurrence of truck-related accidents, the Federal Motor Carrier Safety Administration (FMCSA) imposes stringent rules and regulations on the operations of the trucking industry.
Dickinson Fatal Truck Accident Lawyer Near Me (713) 429-0711
Our Compassionate Dickinson Fatal Truck Accident Lawyers are Ready to Help
Losing a loved one is a life-changing experience. When someone else is to blame for the loss, they should be held accountable.Â
Lone Star Injury Attorneys’ Dickinson fatal truck accident lawyers are determined to pursue all legal options until justice is served. Our free consultation awaits you.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
