If your loved one died in a fatal truck accident caused by another party’s negligence, you may be eligible to recover compensation through legal action. Read on to find out what you need to know about filing a wrongful death lawsuit after a truck accident.
Elements of Wrongful Death
We must prove the following four aspects to win a wrongful death lawsuit:
- Duty of care: The person we sue must have owed your loved one a legal duty. All drivers of motor vehicles have a duty to operate their vehicles in a careful and safe manner.
- Breach of the duty of care: Acts of negligence can satisfy this criterion. For example, the truck driver had driven for 18 hours straight at the time of the wreck. He fell asleep at the wheel and crashed into your loved one’s car. By violating the hours of service rules mandated by the federal government, the truck driver has behaved negligently and breached their duty of care to your loved one.
- Causation: If the negligent act the driver performed caused the accident that killed your loved one, you can satisfy the causation element. In this scenario, the truck driver’s negligent drowsy driving prevented him from driving safely.
- Damages: Florida law requires that survivors sustain a quantifiable loss to file a wrongful death lawsuit. Losing the services or financial support of the decedent suffice as measurable damages.
Parties That Can Be Liable for a Wrongful Death from a Truck Accident
There can be several liable parties in a fatal truck accident:
- The truck driver
- The trucking company (In most cases, if the driver caused your accident, the trucking company will also be liable for your injuries. The trucking company can also be directly liable if it failed to maintain its truck, hired a driver with a bad driving record, or forced its drivers to violate federal regulations.)
- The truck manufacturer
- Parts manufacturer
- The entity in charge of road maintenance
- The entity in charge of traffic signal maintenance
Depending on the facts of your case, we might be able to sue more than one person or entity for the wrongful death of your loved one.
Damages in a Wrongful Death Lawsuit After a Truck Accident
You can sue for economic damages such as the loss of your loved one’s earnings and any benefits they would have continued to accrue (e.g., 401(k) contributions).
In addition to economic losses, you can also seek noneconomic losses for a wrongful death from a truck accident. Noneconomic damages in this situation can include things like the loss of companionship and protection as well as pain and suffering (for a spouse) and guidance (for children).
People Who Can File Truck Accident Wrongful Death Lawsuits in Florida
Florida law sets out the people who have a right to file a wrongful death case in a specific order. It is as follows:
- Surviving spouse
- Parents of the deceased
If no such people exist, then the deceased’s personal representative or the executor or administrator of the estate can file the action.
Montero Law Center Would Like to Help You Seek Justice for the Loss of Your Loved One
A wrongful death lawyer at Montero Law Center can help your family by evaluating who might be responsible for the wrongful death of your loved one in a truck accident. Just call us today at 954-767-6500, and we will line up your free consultation. There is no obligation and we will not charge legal fees until you recover compensation.