Traffic accidents involving commercial trucks may cause life-threatening injuries. Victims have to contend with catastrophic harm that threatens every core of their lives. Fortunately, some of these injuries are manageable, giving the victim another chance to lead a normal life. Unfortunately, some crashes are fatal, causing untold grief and trauma to families and friends of the deceased.
Coming to terms with the loss of a loved one is often a difficult process. But knowing that they lost their lives due to someone else’s negligence is especially disheartening. Most fatalities recorded in commercial truck accidents involve passengers of smaller vehicles. This is attributed to the sheer size and weight of trucks. Collisions with motorcyclists, pedestrians, and cyclists are equally catastrophic. If you lost a loved one in a similar crash, our hearts reach out to you. Losing a loved one due to someone else’s mistakes can be traumatizing, and our Pasadena fatal truck accident lawyers are here to help. Reach out today to learn more and to speak with a diligent attorney.
Personal injury lawsuits are brought forward when someone is injured in circumstances that are deemed preventable. Victims get an opportunity to sue the parties at fault for their injuries and damages. In addition, surviving family members of persons killed in fatal crashes may be eligible for compensation if negligence is established in the moments leading to the accident.
As a seasoned attorney could attest, not everyone is allowed to pursue compensation following a Pasadena fatal truck accident. Texas allows only close family members such as parents, spouses, and children of the deceased to seek damages for their loved one’s death. There are two major ways compensation may be achieved. They are:
A wrongful death claim is filed by select surviving family members or their representatives to recover compensation for the loss of their loved one. This claim allows them to sue the party at fault for damages suffered due to the absence of the deceased. As mentioned earlier, only a selected group may be eligible to file a wrongful death lawsuit. Damages available include:
Hiring a knowledgeable attorney is vital to this process. They will help establish the extent of damages suffered and help negotiate a fair settlement with insurance companies. If a beneficial outcome is not reached, they will also represent you in a trial, which is a complex process altogether.
While a wrongful death lawsuit is filed on behalf of surviving family members, a survival action, on the other hand, is meant to compensate for damages that the deceased would have been eligible for if they had survived. In other words, a survival action is a personal injury claim filed on behalf of the deceased. The damages recoverable may include:
Establishing the full scope of damages, you can sue for through a survival action requires the expertise of a qualified wrongful death attorney. With the help of financial experts, these losses will be incorporated into the final value of your claim and ensure you are fairly compensated for the loss of your loved one.
Liability in a fatal commercial vehicle collision is often a contentious issue since multiple parties are involved. However, an experienced Pasadena fatal truck crash attorney may help discover fault based on the facts of your case. Often, the liability falls on truck drivers since they have a clear-cut duty of care to maintain. Negligence on their part usually occurs in ways such as speeding, unsafe lane changes, drunk driving, and distracted driving, among others.
Other parties, such as trucking companies and truck owners, may also bear fault for negligent driver hiring and improper vehicle maintenance. Construction companies and local state agencies may be set up for civil lawsuits due to poor road designs and maintenance. In case a faulty system or vehicle part contributes to a crash, truck manufacturers may also be at fault.
Getting the compensation you deserve for the loss of your loved one can be difficult when you are on your own. Apart from needing time to grieve the loss, there’s a high chance you lack the legal knowledge and experience to make a successful claim. At this point, the expertise of a compassionate Pasadena fatal truck accident lawyer may help in every phase of your legal process. Their substantial support in investigating the role of negligence in the incident, negotiating a settlement, and representing you in a trial is invaluable. To learn more about how our legal team can help you, contact us today to schedule a free case evaluation.