Family members who’ve lost a loved one in an Iota, LA, fatal truck accident may be able to pursue a wrongful death action for compensation from negligent parties. The grief and trauma families experience in these situations can be profound and devastating, and the emotional and financial repercussions can be overwhelming.
If your family member was fatally injured in a truck accident, contact Laborde Earles Injury Lawyers today. Our Iota fatal truck accident lawyer will fight tirelessly to hold the responsible parties liable for your preventable loss. We understand that no amount of money could ever compensate for your emotional losses. However, if our injury lawyers help you take legal action, you can have peace of mind knowing your damages can be recovered, and you may avoid future financial hardships.
Iota Fatal Truck Accidents Can Be Complex
The massive size, weight, and high ground clearance of large semi-trucks filled with freight can cause catastrophic collisions and lethal injuries. Although many of these accidents are the fault of truck drivers, trucking companies, or shippers, fatally wounded victims are most often drivers or passengers in smaller cars, vans, and other motor vehicles. In fact, research suggests that occupants of passenger vehicles account for more than two-thirds (68%) of all truck crash fatalities, according to the Insurance Institute for Highway Safety (IIHS).
The inherent risks that tractor-trailer trucks present have prompted federal and state governments to establish regulations requiring drivers and trucking companies to abide by safety standards. Truck accidents are often complex because it must be determined which parties are responsible and liable for damages.
Drivers, companies, or shippers who fail to abide by one or more of these regulations can be liable for losses from a fatal truck collision. For example, if a driver violates the Federal Motor Carrier Safety Administration (FMCSA)’s hours-of-service standards that require them to limit driving time, fatigue and inattention could result and lead to an accident.
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How Our Iota Fatal Truck Accident Attorney Can Help Recover Compensation
Our Iota wrongful death lawyers can handle every aspect of your legal action, including:
- Explaining your legal rights and options
- Conducting an independent investigation of the accident, the truck, the driver, and the company
- Gathering evidence to determine what occurred and which parties are liable
- Communicating with the trucking company’s insurance provider and attorneys
- Identifying emotional, personal, and financial losses incurred and calculating their worth
- Consulting with expert medical and accident reconstruction witnesses to understand the evidence and support your claim
- Negotiating with liable parties to secure a fair settlement
- Filing a wrongful death lawsuit demanding compensation for your damages
- Providing trial representation if necessary
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Proving Liability in an Iota, LA, Fatal Truck Accident Case
Fatal truck collisions are often valuable claims because the damages from them are often extensive. As a result, insurance companies may be more inclined to closely analyze these claims and look for ways to devalue them.
Supporting evidence in these cases can significantly improve the surviving family members’ ability to prove liability and secure compensation. Typical forms of evidence used to support fatal truck accident claims include:
- Accident reports and traffic citations
- Witness and expert witness statements
- Surveillance footage from traffic and police dash cameras
- Photos of the accident scene and the decedent’s injuries
- Data retrieved from the truck’s electronic logging device
- Driver logbook, cell phone, GPS, and work history records
- Truck inspection and maintenance records
- Trucking company dispatch records, hiring, and training documentation
- Cargo loading manifests
- Decedent’s medical bills and records and the coroner’s report
Our truck accident lawyer in Iota, LA, can collect all this evidence to build the strongest case possible and prove your loved one’s death was due to the negligence of another party or parties.
Establishing Negligence
Several elements must be established in a wrongful death action to show that one or more parties are negligent. These include:
- Duty of care: The party (e.g., the truck driver) owed your loved one a duty to drive responsibly and act reasonably as another person would in the same situation.
- Breach of duty: The party breached their duty to your loved one by failing to act responsibly and causing them lethal injuries as a result.
- Causation: The party’s breach of duty was the direct or proximate cause of the accident and your loved one’s death.
- Damages: As the plaintiff, you sustained quantifiable personal and financial losses represented as damages in a wrongful death case.
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Recoverable Damages in an Iota, LA, Fatal Truck Accident
Compensation available after a fatal truck accident will be based on the losses you suffered due to your loved one’s passing. These are referred to as damages in a wrongful death action and may include the following:
- The decedent’s medical bills, including ambulance services, surgeries, hospitalization, and other expenses before death
- Costs of vehicle repair or replacement
- Costs of funeral, burial, or crematory services related to the decedent’s passing
- Loss of the decedent’s income, benefits, or financial support
- Pain and suffering endured by the decedent
- Pain and suffering due to personal anguish and grief
- Loss of the decedent’s care, love, and guidance
Who Can Recover Damages in an Iota Fatal Truck Accident?
In Louisiana, several of the decedent’s close relatives can pursue a wrongful death lawsuit. These include the decedent’s surviving spouse, children, parents, siblings, and grandparents, in that order. These family members can be related to the deceased by blood or adoption.
It’s important to note the statute of limitations for a wrongful death case in Louisiana is generally one year from your loved one’s death date, per CC Art. 3492. Some exceptions may apply to this rule, so you can consult with a fatal accident attorney in Iota, LA, who can answer your questions and explain why you may or may not qualify.
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Call Us for Help From an Iota, LA, Fatal Accident Lawyer Today
If someone you loved died from fatal injuries sustained in a truck accident in Iota, LA, you deserve compensation and justice. Call Laborde Earles Injury Lawyers to learn more about how our Iota fatal truck accident lawyer can hold liable parties financially accountable for your losses.
We understand your grief and need for confidentiality and compassion, so call us for a free, no-obligation case review today.
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