The emotional and financial losses that result from losing a loved one in a preventable accident can be overwhelming. Not only are you contending with burial, funeral, and past medical expenses, but your suffering may be affecting your quality of life and your ability to earn an income. If another party’s negligence caused your loved one’s passing, you might be eligible for compensation for your expenses, pain and suffering, and more.
Our Lake Charles truck accident lawyer understands that no amount of money can make up for the tremendous loss you’ve suffered. However, we will fight for compensation that can give you the room to grieve. As your attorneys, we will build a compelling case on your behalf, negotiate for appropriate compensation, and protect your rights throughout the process.
How a Lake Charles Fatal Truck Accident Lawyer Can Help Your Wrongful Death Claim
Many steps are involved in wrongful death cases. An attorney can handle these responsibilities on your behalf, including the following:
- Investigating the accident scene
- Collecting evidence related to the collision, such as surveillance video, the truck’s black box data, and the driver’s logs
- Obtaining documentation of your loved one’s medical records, including emergency care, and coroner’s report
- Using evidence to determine which parties are responsible for your loved one’s passing
- Identifying and calculating your emotional and financial losses
- Proving the responsible party’s negligence and liability
- Demanding compensation in an insurance claim or lawsuit
- Negotiating with insurers and liable parties
- Representing you at trial and arguing your case, if applicable
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientPursuing Compensation for Damages
When a person pursues a lawsuit against a party or parties whose negligence resulted in a fatality, this is referred to as a wrongful death claim. These cases can hold individuals, entities, or insurance companies accountable. Damages commonly sought for wrongful death include the following:
- Funeral expenses
- Cost of burial or cremation
- Reimbursement for medical bills
- Lost income and benefits provided by the loved one
- Loss of companionship and guidance
- Pain and suffering of your loved one before their passing
- Your pain and suffering, including emotional anguish
Family members in Louisiana who are eligible to file a claim for a family member’s wrongful death include the decedent’s surviving spouse, children, siblings, and grandparents, by blood or adoption. Relatives may be related by either blood or adoption.
Louisiana Statute of Limitations for Wrongful Death Lawsuits
In Louisiana, you have one year from the date of your loved one’s passing to file a claim per CC. Art 2315.2. If you miss this deadline, you risk being barred from receiving compensation. However, some exceptions may apply, so our Lake Charles fatal accident attorney can interpret the statute for your situation and meet the appropriate deadlines.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientProving Negligence and Assigning Liability
The Federal Motor Carrier Safety Administration (FMCSA) estimates there were more than 5,200 fatal accidents in 2019 involving large commercial vehicles, including trucks and buses. As prolific as these cases are, they are still a complex area of law because they are often catastrophic, and there may be more than one party responsible for the accident. Potentially liable parties can include:
- The truck driver
- The trucking company that employs the driver or owns the truck involved in the collision
- The vehicle equipment manufacturer
- The auto repair shop or technician who previously repaired the truck
- The truck manufacturer or maker of a defective part or component
The Elements of Negligence for Determining Liability
Most fatal truck accidents are the result of the negligence of a person or entity. Proving negligence requires establishing the following:
- The responsible party, such as a driver, owed your loved one a duty of care to act responsibly.
- The party, such as the driver, breached their duty of care. Violating this duty may mean that they committed a traffic, Louisiana state, or federal trucking violation.
- The party’s breach of duty was the direct or proximate cause of the accident and your loved one’s passing
- As a result of the accident, their actions led to damages, representing your personal, emotional, and financial losses.
The Lake Charles fatal truck accident attorneys at Laborde Earles Injury Lawyers can identify the liable party or parties and pursue compensation on your behalf in an insurance claim or lawsuit.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientFatal Truck Accidents Are Commonly Caused by Human Error or Negligence
Fatal truck accidents can be attributed to unpreventable factors in some situations. However, as with other types of traffic accidents, these cases are often caused by human error, such as the following:
- Driver exhaustion significantly impairing driver response times and ability to navigate changing road and traffic conditions
- Driver intoxication by prescription or illicit drugs or alcohol
- Driver’s inexperience, affecting their ability to properly maneuver the truck, causing a jackknife or wide turn collision
- Driver’s carelessness or inattention, such as speeding, violating traffic laws, tailgating, failure to yield right-of-way, and failing to stop at red lights
- Improperly loaded or secured cargo, which can shift or dislodge during transport
- Trucking company negligence, including allowing untrained truck drivers to operate, failing to maintain trucks properly, or violating trucking law
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientState and Federal Trucking Regulations
Federal Motor Carrier Safety Administration (FMCSA) is a government agency established by the Department of Transportation to prevent injuries and deaths related to commercial vehicles. This agency aims to promote safety in motor carrier operations by improving and enforcing safety regulations and operating standards.
When a driver or trucking company violates one or more of these regulations and a fatal accident results, they may be liable for compensating the victim’s family for their losses. For example, a common violation involves failure to adhere to hours-of-service regulations. This requires drivers to limit their truck operating time and take breaks to reduce fatigue and the likelihood of accidents.
Get Help From a Lake Charles Fatal Truck Accident Lawyer Today
At Laborde Earles Injury Lawyers, our wrongful death attorneys are dedicated to helping families who have lost a loved one in truck collisions. We’ll provide a free, no-obligation case review to explain your rights and options for pursuing justice.
