Losing a family member in a truck collision can devastate loved ones and lead to many personal and financial losses. Families in this situation may be entitled to file a wrongful death lawsuit seeking damages from the party or parties responsible for the tragic accident.
If your family member lost their life in a truck accident caused by another’s negligence, Laborde Earles Injury Lawyers could hold them accountable for your losses. A Church Point fatal truck accident lawyer from our team will fight for justice on your behalf.
How a Church Point Fatal Truck Accident Attorney Can Help Your Case
Many tasks are involved in filing wrongful death claims, including determining the liable parties, identifying losses, calculating compensation, and proving negligence. Additional responsibilities of a fatal truck accident lawyer in Church Point, LA include the following:
- Conducting a thorough accident investigation and collecting evidence
- Obtaining the decedent’s medical records and coroner’s report
- Gathering documentation from law enforcement, including the accident report and traffic citations, if any
- Examining black box data from the truck and driver’s logs
- Identifying responsible parties and working to prove liability
- Determining the value of your recoverable losses, such as funeral expenses and the decedent’s medical bills
- Filing an insurance claim and negotiating for a settlement
- Filing a lawsuit
- Representing you in court and arguing your case, if necessary
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Common Causes of Fatal Church Point Truck Accidents
Like other traffic accidents, fatal commercial truck accidents are often caused by driver error. Such errors could include failing to brake in time or improper truck handling, causing jackknife or wide-turn collisions. In addition, other factors could cause or contribute to a crash, such as:
- Driver fatigue or falling asleep at the wheel
- Distracted driving, such as using a cell phone
- Driving while under the influence of alcohol or drugs
- Poor driver training or inexperience
- Speeding
- Driving carelessly or recklessly
- Tailgating
- Poor truck maintenance
- Defective or malfunctioning truck parts or systems
- Brake failure
- Unsecured or unbalanced cargo
- Hazardous road conditions
- Inclement weather that reduces vision or makes roads wet or icy
- Third-party driver negligence, including other cars, trucks, motorcycles, etc.
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Filing a Wrongful Death Claim and Recovering Damages in a Fatal Truck Accident
If your loved one was a victim of a fatal truck accident, you might be entitled to pursue restitution for losses you’ve suffered. In order of eligibility, family members allowed to file a wrongful death claim include the decedent’s spouse, children, parents, siblings, and grandparents, per CC Art. 2315.2. These individuals can be related to the decedent either by blood or adoption.
Damages you could recover in a wrongful death claim include:
- The decedent’s medical bills
- Funeral, burial, or cremation expenses
- The pain and suffering your loved one experienced before death
- Your pain and suffering due to bereavement
- Loss of the decedent’s income and benefits
- Loss of the decedent’s love, companionship, or guidance
According to the Louisiana statute of limitations for wrongful death, you have only one year to file a lawsuit after your loved one’s passing. For this reason, it’s important to start working with a Church Point fatal truck accident lawyer as soon as possible if you wish to pursue compensation.
Your attorney can help you file your claim before this deadline and determine if you might qualify for an exception to this rule.
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Proving Negligence and Liability After a Fatal Truck Accident
Proving liability in an auto accident is usually accomplished by demonstrating someone was negligent in their actions. Your lawyer must establish four legal elements to do this:
- Duty of care: Duty of care is an obligation a party owes to others to avoid harming them and act as another reasonable party would under the same circumstances.
- Breach of duty: A party’s failure to fulfill a duty of care to your loved one is called a “breach of duty.” This means the party acted or failed to act with regard to your family member’s safety.
- Causation: Demonstrating causation requires proving that the party’s breach of duty was the proximate cause of your loved one’s accident and unfortunate death.
- Damages: To pursue compensation, you must have suffered personal and financial losses related to the decedent’s passing, which can be represented as damages in a claim.
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Potentially Liable Parties in a Church Point Fatal Truck Accident
Establishing liability is one of the first critical responsibilities of a fatal truck accident attorney in Church Point, LA. Determining who is at fault in everyday traffic accidents is often relatively straightforward compared to a commercial truck accident. These cases can be more complex, as there may be more than one party sharing responsibility. Even when the truck driver is at fault, the company they drive for may be liable for compensating you.
The Church Point fatal truck accident lawyers at Laborde Earles Injury Lawyers will work to determine which parties are responsible and prove they are liable. At-fault parties may include:
The Truck Driver
Drivers must follow Federal Motor Carrier Safety Administration (FMCSA) regulations while driving. These include hours of service that dictate how many consecutive hours they work and when and how long they must take breaks.
Violation of any trucking laws could suggest liability. Traffic citations, black box information, and logbooks might also be helpful evidence.
The Trucking Company
The trucking company could be negligent in several ways. For example, failure to maintain the truck, pressuring drivers to break regulations, and neglecting to conduct background checks on applicants could all point to negligence and potential liability.
Due to the principle of vicarious liability, the trucking company may also be liable for any negligent acts its driver commits.
Cargo Loading Companies
Cargo workers should load and stow freight securely to prevent items from moving or falling loose inside a truck’s trailer. When cargo shifts, this can impact the truck’s center of gravity and result in a rollover accident or make it difficult for the driver to maneuver.
Furthermore, improperly secured freight on flatbeds can come loose, spill onto the road, and collide with other unsuspecting vehicles. Any of these issues with cargo could suggest the loading company is liable for your loved one’s death.
Maintenance Companies
Truck companies often hire third-party maintenance shops to inspect and repair vehicles. Failure to properly maintain or repair faulty equipment on a commercial truck could result in parts or systems failing and causing an accident. A shop could, therefore, be liable if this occurs and your loved one is fatally injured.
Begin Working With a Church Point Fatal Truck Accident Lawyer Today
Truck accident cases can be particularly challenging. Sometimes, it takes legal measures to hold one or more parties accountable for the damage inflicted by a truck accident. The Church Point fatal truck accident attorneys at Laborde Earles Injury Lawyers can help you determine the damages you could recover and how much compensation you could pursue in a wrongful death lawsuit.
Contact us today and schedule a free case review to learn more about your rights and options and how we can help you seek the justice you and your loved one deserve.
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