Recovering Damages After a Fatal Truck Accident 

 Posted on July 28, 2021 in Personal Injury

Accidents between a large commercial truck and passenger cars can often result in catastrophic injuries. Worse, many of these crashes end in fatalities. Passenger vehicle occupants are the most likely victims of these fatalities. Truck drivers and their employers face much stricter standards since large commercial trucks pose a much bigger threat on the roads. When these standards are not met, it is more likely that tragedies will occur. If your loved one died in a truck crash, you may be interested in pursuing a wrongful death lawsuit.

Fatal Trucking Accidents in Illinois 

Catastrophic injuries and fatalities are more common in truck accidents in part due to the great contrast in size and weight between the vehicles as well as the truck’s greater ground clearance. Trucking accidents can also involve dangerous cargo spills of hazardous chemicals or fuel.

Truck accidents may be caused by driving errors such as speeding, failing to check mirrors, texting and driving, or external factors such as a tire blowout or bad road conditions. In other cases, these crashes may have been caused by overloaded cargo or cargo that was not properly secured to the truck.  

There are numerous parties that may be considered liable for trucking accidents and each one should be considered after a wrongful death. The truck driver, trucking company, manufacturer or truck parts, and other parties may be at fault for the crash.

Receiving Compensation for Your Loved One’s Wrongful Death

To successfully meet the requirements of a truck accident wrongful death lawsuit, there are three main requirements: a death occurred, the death was due to the intentional or negligent behavior of the defendant, and the plaintiff suffered economic and non-economic damages. When a truck accident wrongful death occurs in Illinois, a representative for the deceased is allowed to file the lawsuit to pursue damages. This representative is often the spouse, parent, or child of the victim.

Damages that are eligible for recovery include medical expenses, funeral costs, and grief, sorrow, and mental suffering. A primary element of wrongful death damages includes pecuniary injury. Pecuniary injuries include loss of support, services, and the prospect of inheritance.

When pursuing a wrongful death lawsuit, the defendants may deny any wrongdoing. The trucking firm or “carrier”, which is usually a large corporation, will take action to protect themselves against legal proceedings and minimize any claims. Because of this, it is highly recommended to seek guidance from a wrongful death attorney who can fight for your case. A wrongful death attorney can also be very useful when faced with an insurance company that refuses to provide fair compensation.

Contact A Joliet Truck Accident Attorney Today

Wrongful death lawsuits can often be very complex and challenging, involving the possibility of several liable parties and various recoverable damages. To protect yourself from a trucking company’s actions against your lawsuit as well as stubborn insurance companies, you may want to work with a Cook County wrongful death attorney. Contact Schwartz Injury Law to set up your free consultation and start pursuing your wrongful death case by calling 708-888-2160.

Sources:

https://ilga.gov/LEGISLATION/ILCS/ilcs3.asp?ActID=2059&ChapterID=57