Can I File for Wrongful Death for a Fatal Florida Truck Accident?
When a truck collides with another vehicle, it has devastating consequences. In some cases, those consequences are fatal. When you lose a loved one to an accident that occurred due to a truck driver’s negligence, you’ll understandably feel frustrated. While there is no way to make up for your loss, you may be able to pursue compensation from the at-fault party.
If you lost a loved one to a truck accident, you may be able to file a wrongful death claim. Contact a truck accident attorney to pursue compensation for your loss.
Who Can File a Wrongful Death Claim After a Fatal Truck Accident
Florida defines wrongful death as one that occurs due to the negligent acts of another person. When this happens to your family member in an accident with a truck, you can pursue a wrongful death claim with the help of a truck accident attorney. Under the Florida Wrongful Death Act, only the personal representative of the decedent’s estate can file a wrongful death claim. The compensation settlement can go to surviving family members, like spouses, children, or parents.
This claim seeks compensation for the emotional and financial losses you face because of the death of your family member. While the truck company’s insurance may offer a small compensation settlement, it isn’t always enough. Wrongful death compensation can account for:
- Funeral costs
- Medical bills
- Loss of income from the deceased party
- Loss of companionship or love
- Emotional suffering
Determining the Cause of the Accident for Wrongful Death Claims
The first step to filing a wrongful death claim is determining the cause of the truck accident. You must understand the details of the accident to seek compensation through a wrongful death claim in Florida.
Driver Fatigue
While there are commercial vehicle regulations that specify when truck drivers should rest, they don’t always comply. Some employers offer incentives for faster deliveries, so truck drivers push through their exhaustion. They may not realize how tired they are until it’s too late. Driver fatigue and negligence will play a significant role in liability determination.
Traffic Law Violations
When truck drivers run a red light, speed, or fail to communicate with other drivers before maneuvering through lanes, it can be fatal.
Trucks have large blind spots, which means their drivers must be more cautious than the average driver.
Driving Under the Influence
Federal Motor Carrier Safety Regulations require drivers to have a blood-alcohol level (BAC) below .04 at all times. When drivers use alcohol or drugs before or while they’re on the road, their decision-making and reflexes become impaired.
This can end in devastating accidents. Personal injury claims that involve instances of drunk driving may be eligible for punitive damages in addition to compensatory damages.
Distracted or Aggressive Driving
Truck drivers are on the road for hours at a time and may turn to their phones or other distractions to pass the time. However, taking their eyes off the road for even a second is a careless act that can end in a fatal accident.
Determining Liability for Truck Accident Wrongful Death
Once you know the cause of your loved one’s accident, you can determine who is liable. Liable parties may include:
- The truck driver
- The truck manufacturer
- The truck company
- The cargo company that loaded the truck
Talk to a truck accident lawyer to pursue compensation from all liable parties.
Filing a Wrongful Death Claim for a Fatal Truck Accident? Contact Experienced Florida Attorneys
The claims process can be complex and stressful, which is the last thing you need after losing a loved one. Let a truck accident attorney at Warner & Fitzmartin help you through this difficult time. Contact us at (561) 803-0167 today to discuss your options.