The proliferation of commercial trucks on state roads and highways often leads to catastrophic crashes. In many cases, these accidents take the lives of drivers and passengers traveling in much smaller passenger vehicles.
If your loved one was killed in a fatal truck accident, you might qualify to file a wrongful death claim. Consulting an experienced Cleveland truck accident lawyer about your options could allow you to pursue legal claims. Depending on the circumstances, trucking companies, truck owners, and even parts manufacturers could all be legally responsible for your loss.
Common Causes of Truck Accidents
Compared to most passenger vehicles, the size, weight, and length of commercial trucks are substantial. As a result, the occupants of passenger vehicles might disproportionately sustain devastating injuries, some of which are fatal, when truck crashes occur. Even larger passenger vehicles cannot withstand the impact of far larger and heavier commercial trucks.
Truck accidents may be fatal in a variety of scenarios. In some instances, truck operators are negligent in causing the crashes. For example, drivers may cause collisions when they speed, improperly pass other vehicles, or violate other traffic laws.
Another common example of negligence occurs when drivers operate their commercial vehicles while distracted, overly fatigued, or under the influence of alcohol or drugs. Trucking companies could also share liability if they failed to properly train, supervise, and monitor their drivers for compliance with federal trucking regulations. Liability for commercial truck crashes could also exist when owners of trucking companies fail to adequately maintain their vehicles, which can lead to mechanical malfunctions that result in accidents.
Wrongful Death Actions
Under Ohio Revised Code § 2125.01, surviving family members of persons killed in truck accidents might have a wrongful death claim against the responsible driver and any other liable parties. These parties are responsible for wrongful death only if their negligence directly contributed to the death at issue. If the deceased persons would have had a personal injury claim had they survived their injuries, their personal representatives can pursue a wrongful death claim on behalf of their estates.
Personal representatives bring wrongful death claims for the exclusive benefit of the surviving spouses, children, and parents of the deceased. The law assumes that each of these immediate family members has suffered damages due to the wrongful death of their loved one. Personal representatives also may bring wrongful death claims on behalf of other next of kin of the deceased persons.
Damages Sought by the Surviving Family
Surviving family members could be entitled to recover a range of damages in wrongful death claims arising from fatal truck collisions. Some of these damages may include:
- Funeral and burial expenses
- Loss of earnings and financial support from the deceased
- Loss of services and companionship provided by the deceased
- Mental anguish resulting from the death
Although family members cannot place a dollar value on the life of their loved one, compensation from those who wrongfully caused the death may help ease financial concerns during this challenging time. Obtaining damages from the responsible parties may also allow bereaved family members to hold the responsible parties accountable for their actions.
Get Legal Advice About Fatal Truck Accidents Today
The aftermath of fatal truck accidents can be life-altering. The loss of a close family member is likely to have an overwhelming impact on a family from an emotional perspective. The death also may dramatically impact the financial status of the family, especially if the deceased was the primary breadwinner
Getting legal advice might be the last thing on your mind following the loss of a loved one, but you could seek damages to ease the financial burden of the loss. Tittle & Perlmuter could give advice early on in the claims process to put your family in a better position to collect compensation for your losses. Call today to learn more.
