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Car Accident
HABLAMOS ESPAÑOL
(877) 880-4090Posted May 31, 2023 | Personal Injury Blog
In the early morning hours of Tuesday, January 17th, 2023, a tragedy occurred. An 18-wheeler truck collided with a pickup truck. Sadly, all the passengers in the pickup truck lost their lives. In the aftermath of tragedies like this one, the families that have lost loved ones are left with deep emotional scars in addition to hefty medical and funeral expenses.
In situations like this, the assistance of a wrongful death attorney is vital. An experienced lawyer will know how to investigate the crash, analyze the facts, and pursue compensation from all responsible parties. This assistance allows the family to focus on healing while their lawyer protects their legal rights.
It may seem that an accident involving a commercial truck is no different from an accident that involves two automobiles. However, that is not the case. There are considerable differences between the two. For example, in common car accidents, damages and injuries can range from mild to severe. Whereas, in commercial truck accidents, damages and injuries are often catastrophic, such as in the accident on I-30 in Mesquite on January 17th, 2023.
Another difference is that accidents involving cars only typically include just two parties and two insurance policies. On the other hand, when a commercial truck is involved, there are usually multiple parties involved, each with their own insurance policy. Some of these potentially liable parties may include the trucking company, the maintenance company, and the loading company.
Additionally, the aftermath of car accidents typically involves both drivers exchanging information, talking to witnesses, taking photos, and the police making a report. However, in commercial truck accidents, the investigation work is much more extensive.
Information about the accident must be gathered from numerous sources, such as:
Another difference is that although both car and truck drivers must follow the same state laws while on the road, commercial truck drivers are also obligated to adhere to federal laws and regulations. When a truck driver fails to follow these rules, and an accident results, he or she could be held liable.
These are just some of the many differences between common auto accidents and accidents that involve a commercial truck. This shows why it is absolutely vital to have the assistance of an experienced attorney in the aftermath of a commercial truck accident. Trying to navigate the complexities involved alone simply just does not make sense.
Typically in the aftermath of a crash, the victims can pursue compensation from the at-fault party for damages suffered. However, when a fatality has occurred, who is entitled to pursue compensation on behalf of the victim?
When someone loses his or her life in a car accident due to the negligence of someone else, it is considered to be a case of wrongful death (Texas Civ Prac & Rem § 71.001). In Texas, the family of the deceased, particularly the spouse, children, or parents, are entitled to file a wrongful death lawsuit. In some cases, the personal representative of the deceased’s estate may file on behalf of the surviving family members.
Texas makes a distinction between a wrongful death claim and a survival action claim. In a wrongful death claim, the family files a suit to pursue compensation for their losses. Whereas, in a survival action suit, the family pursues compensation on the deceased loved one’s behalf, meaning his or her estate.
Further, there is a time limit in which to file a wrongful death claim. In Texas, the statute of limitations is just 2 years from the date of the deceased loved one’s death.
When a family loses a loved one due to someone else’s negligence, it only makes sense for them to pursue justice for their loved one and get fair compensation for their loss. This is the family’s legal right.
Compensation may include economic and non-economic damages, such as:
In the aftermath of the unexpected loss of a loved one in a truck accident, in addition to emotional trauma, the family is usually left with mounting medical bills and expensive funeral and burial costs. If the loved one was the primary breadwinner of the family, the financial hardships from the loss are even greater.
Although no amount of money can truly compensate for the loss of the loved one, pursuing wrongful death and survival action lawsuits could provide the family with a means to alleviate some of the financial stress that may be felt. This would allow the family to focus on their mental and emotional health.
If you and your family are dealing with the loss of a loved one from a truck accident, having the assistance of an experienced law firm will be vital to receiving fair compensation for your loss.
Insurance company adjusters are experienced in using tactics to reduce the amount of your claim or to get you to quickly agree to a lower settlement. If you must speak with insurance companies, never admit fault, and never discuss your injuries.
Additionally, trucking companies generally have a team of lawyers on hand to protect the interests of the company. It really does not make sense to try to fight against adjusters and lawyers on your own.
The lawyers of Fielding Law are familiar with the tactics used by insurance companies and defense lawyers and know how to combat them. So let our wrongful death attorneys put years of legal experience to work for you.
Contact us today to schedule a free, no-obligation consultation. Our attorneys can explain your legal options and guide you in pursuing the compensation you deserve. Call us at (877) 880-4090 or submit our online contact form.
Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.