The aftermath of a family member dying in a truck accident can be a difficult and confusing time for those left behind. Knowing how to respond in the immediate aftermath, as well as how to handle the legal and financial details that come up, can be crucial. By knowing what happens if a family member dies in a truck accident, you can make informed decisions about how your family will proceed.
Consulting a Las Vegas truck accident lawyer can be a good place to start getting your questions answered and assist with your wrongful death claim. The financial settlement from a wrongful death suit will not return your loved one to you, but it can help your family while you go through the grieving process. Most critically, it ensures that the at-fault party is held accountable for their negligence and can provide your family with some closure.
Fatal Truck Accident Statistics
Each year thousands of people are involved in motor vehicle crashes that lead to severe injuries and fatalities. Large trucks, due to their size, weight, and speeds, have a tendency to be involved in some of the worst of them. According to the Federal Motor Carrier Safety Administration (FMCSA), 4,479 fatalities and 114,000 injuries were caused by large truck and bus crashes in the last reporting year.
Trucking is a huge industry and Nevada sees millions of pounds of freight cross our roads every year. Our state saw a total of 536 crashes involving large commercial trucks, with 29 fatalities in a recent year. Whether a fatality occurs at the scene or happens after being transferred to a hospital with hopes of recovery, your family deserves justice in the form of compensation for your pain and suffering.
Truck accidents can be caused by a variety of factors, including negligent driver behavior such as driving under the influence of drugs or alcohol, distracted driving, fatigue, speeding, poorly loaded cargo, or problems caused by poor maintenance of the rig. Because of the length, size, heavy weight, and high center of gravity, trucking accidents can create far more damage than any other vehicle type on the road. Consulting a Las Vegas car accident lawyer regarding your case can help you know where to begin.
What to Do Immediately After a Crash
If you were at the scene of the accident that caused your family member’s death, the first and most important thing to do immediately after any crash is to call 911. While waiting for emergency services such as police and medical response, move to a safe place out of traffic if possible. Do not say anything to any other drivers or people at the scene that could show liability.
If you are able to move around the scene, take any pictures or video that shows important details of the crash, such as damage to vehicles and surrounding properties. Collect any contact information from eyewitnesses for follow-up later. Write down vehicle descriptions and license plate numbers as well.
No matter how you feel after the accident, be sure to go with medical professionals to get checked out. Shock, especially after witnessing the severe injury or direct death of a loved one, can mask hidden injuries, and taking care of your recovery should be your number one priority. After you have been taken care of, contact a local truck accident lawyer to begin protecting yourself and start working on building evidence for your claim.
Filing a Wrongful Death Claim After a Fatal Truck Accident
Under the Nevada Legislature, only the personal representative named in the deceased’s estate plan can file a wrongful death lawsuit. If there was no will, their close family members can bring a claim under the laws of intestate succession. Other people, including partners, fiancees, close friends, or distant relatives, are not able to file this kind of lawsuit in Nevada.
Choosing to work with an experienced truck accident lawyer will significantly ease the process allowing you to focus on recovering from your grief and being with your family at this time. They will handle the process of collecting evidence, building a strong case, negotiating with insurance companies, and filing a lawsuit if insurance does not agree to a fair settlement. Should your case proceed to court, a truck accident lawyer from H&P Law will represent you in court and fight for your rights as if you were family.
The at-fault party should be held liable for both economic and non-economic damages, which encompasses the full current loss and future losses that may be incurred due to the wrongful death. Your legal representative can help you calculate a comprehensive settlement that takes into account all these factors. You may be tempted to accept the first offer due to emotional and financial stress, but you should not sign any agreements until you have sought the counsel of a wrongful death attorney.
Establishing Liability in Truck Accidents
With accidents that occur involving commercial trucks, there is a high probability that there will be multiple at-fault parties. This is due to the nature of the type of ownership and accountability practices within commercial trucking. There is also a likelihood that multiple vehicles will be involved in the crash due to the size of the semi.
One of the first things that you will need to do after deciding to file a wrongful death claim is establish which individuals and or entities are liable for the accident. A thorough investigation into what factors caused and or contributed to the accident will reveal which parties are able to be held liable. Evidence from the scene, eyewitness testimony, black box data, traffic cameras, police records, and other documents can be very helpful in establishing this.
Bringing a suit against a large trucking company or parts manufacturer can seem intimidating. H&P Law specializes in fighting for accident victims and their loved ones with over 60 years of experience. Let our case results speak for themselves.
H&P Law Can Help Your Family After the Loss of a Loved One in a Truck Accident
Our firm has collected millions on behalf of truck accident victims and their families. Trust in our compassionate and thorough truck accident lawyers to fight for justice in your unique situation. Call us or contact us via our online form to schedule a free, no-obligation consultation.
