Due to the massive size of trucks compared to most passenger vehicles, the likelihood of fatality from a collision is much greater than in a standard automobile accident. With that said, wrongful death can sometimes occur due to a number of different factors including equipment failure or situations with a driver who is distracted or has fallen asleep. If you have wrongfully lost a loved one due to a truck accident, a Louisville truck accident wrongful death lawyer can help your family seek responsibility from the accountable party and begin your path forward.
A lawyer compiles medical bills and records, as well as wage loss records of their client. They can collect as much information as possible regarding the driver, such as past driving record, whether they were intoxicated at the time of the incident, details contained in police reports, and statements from any witnesses. The lawyer gathers everything that may help establish the case, to show whether punitive damages are appropriate and the extent of pain and suffering damages that are appropriate.
Proving the Claim
There are a number of things that a Louisville truck accident wrongful death attorney is able to obtain because they know what to look for. Lawyers often prepare interrogatories to get the OSHA investigation report, and they get all medical records and bills to evaluate the pain and suffering of the person who passed away. In Kentucky, when there is a death, the State Troopers do accident reconstructions, so the attorney collects any accident reconstruction reports as well.
Investigating Truck Driver Liability
In order to further demonstrate liability on the part of the truck driver, a wrongful death truck accident lawyer collects as much information as possible. The attorney will review the OSHA investigation to determine what inspections were done in the previous year, research any potential past citations against the truck driver or company, and look at the vehicle’s equipment to see if there had been any citations for faulty equipment. As with an airplane, vehicles and trucks or trailers have black boxes in them that can be downloaded to see what happened in the moment immediately before impact.
Some common aspects of truck accidents that lead to successful wrongful death claims include, but are not limited to:
- Problems with the truck
- Faulty truck equipment
- Failure of the truck driver to keep an accurate log
- Excessive speed
- Breaking the law in any way
In Louisville, people can recover damages for, among other things:
- Past and future wage loss
- Past and future pain and suffering
- Past and future medical bills
- Loss of consortium for their spouse
There is some argument as to whether individuals can receive damages for loss of enjoyment of life, as well.
Benefit of an Experienced Truck Accident Wrongful Death Lawyer
It is essential to work with an experienced Louisville truck accident wrongful death lawyer because there is so much information that must be obtained, especially in the case of trucking accidents; it is always beneficial to hire a lawyer who understands the trucking industry. An attorney is able to subpoena information if a lawsuit is filed, they know who to contact, they know how to submit an open records request from OSHA in order to obtain trucking records. In short, a truck accident wrongful death lawyer knows where to go to get the information necessary to prove the case.