The loss of a family member in a fatal traffic collision is challenging for many reasons. While you’re coping with the emotional and personal loss of your loved one, it can also be financially taxing on surviving family members. If your loved one financially supported your household, or if they incurred extensive medical expenses, you may be wondering how you’ll overcome this new financial instability. Our attorneys can offer hope.
Financial restitution may be available to help with the associated costs of a loved one’s unexpected passing. At Laborde Earles Injury Lawyers, we understand nothing can make up for the emotional anguish you’ve experienced. However, we can help you pursue damages from liable parties to help mitigate the severity of your personal and financial losses.
Recovering Damages in a Wrongful Death Claim
Pursuing compensation for a loved one’s fatal injuries occurs through a wrongful death claim. Damages can be sought directly from the responsible party (e.g., the driver), their employer (e.g., the trucking company), a third party, or an insurance company representing any of them. Personal and financial losses you might be able to secure include:
- Your loved one’s outstanding medical bills
- Funeral expenses
- Costs of burial or cremation
- Property damage, including vehicle repair or replacement
- Loss of your loved one’s income and benefits
- Loss of companionship, love, and guidance
- Your emotional anguish
The Louisiana statute of limitations for filing a wrongful death lawsuit is one year from the date of your loved one’s passing, per CC Art. 2315.2. Certain relatives related by blood or adoption can file a claim, including surviving spouses, children, parents, siblings, and grandparents.
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Gathering Evidence of Liability
Your wrongful death claim will likely involve your attorneys gathering evidence of federal trucking regulation violations and other factors unique to commercial truck accidents. Our Meaux fatal accident lawyer will collect evidence that supports your claim of negligence, including the following:
- Logbook information, including hours-of-service violations
- Video or photographs of the accident scene
- Black box data
- GPS or phone record data
- BAC or drug test results of the responsible driver
- Driving records or background check
- Records of the truck’s maintenance
- Employment records, including evidence of negligent hiring practices
When a truck accident occurs, it’s likely that the trucking company, their insurance company, and legal representatives will promptly investigate the scene to develop a strategy that downplays their liability. For this reason, it may be beneficial to your case to have your own attorney early on in the process. We can fight to ensure that important or time-sensitive evidence is preserved.
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Common Causes of Meaux Fatal Truck Accidents
Many motor vehicle collisions are entirely preventable. In commercial truck cases, even a seemingly minor error can have disastrous consequences. A driver attempting to maneuver a fully-loaded tractor-trailer must be alert, unimpaired, and trained to handle mishaps.
Fatal truck accidents are often, but not always, caused by an error or negligent action on the truck driver’s part. However, when they are, the following circumstances are often present:
Driver Distraction and Inattention
Distracted driving is a frequent contributor to all motor vehicle accidents, and those involving commercial trucks are no different. A typical example of driver distraction is cell phone use, whether talking or texting. Like in many states, it is illegal to send text messages while driving according to Louisiana law, and for a good reason. The Centers for Disease Control and Prevention (CDC) describe texting as a visual, manual, and cognitive distraction, making it especially dangerous.
However, there are other possible causes of truck driver distraction, including adjusting the radio and truck controls or interacting with a passenger. Any loss of attention can result in a driver losing control of the truck or overlooking something in their path.
Driver Impairment
Driving under the influence of drugs or alcohol, including both prescription medications and illicit substances, is illegal. Alcohol use limitations placed on truck drivers with CDLs are more restrictive than for normal drivers (.04% versus .08% blood alcohol content). Also, trucking regulations mandate that truck drivers wait for at least four hours after consuming alcohol to operate their vehicles.
Some drivers may be under the influence of stimulants to combat fatigue, especially if they are under time constraints to deliver cargo. Although state and federal regulations restrict the time drivers can spend on the road without breaks and sleep, these are often violated due to pressure from the trucking company to meet deadlines.
Driver Fatigue
Hours-of-service regulations are meant to reduce driver fatigue and improve alertness. Long hours on the road resulting from tight schedules can lead to total exhaustion and even the possibility of drivers falling asleep at the wheel. Even well-rested drivers can succumb to fatigue due to the monotony of the road, so all drivers must comply with these regulations to prevent critical errors.
Driving Aggressively
Finally, like in all types of car and truck accidents, aggressive driving and road rage can lead to collisions. Violating traffic laws, speeding excessively, and failing to yield or stop are all possibilities when a truck driver is tired, frustrated, or under intense pressure to meet a deadline. Like fatigue or inattention, this behavior can lead to tragedy when a smaller vehicle is involved, even if it is not the target of the truck driver’s hostility.
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Secure Your Meaux Fatal Truck Accident Lawyer Today
If your loved one’s accident was the fault of the driver, the trucking company, or another party, you may be entitled to pursue damages that cover your personal and financial losses. During your free consultation, we can determine your eligibility to file and what you may be able to recover.
At Laborde Earles Injury Lawyers, we are dedicated to helping family members recover compensation and achieve a sense of justice and peace of mind during the grieving process. Contact us today for a free, no-obligation case review to learn more about your rights and legal options.
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