Truck accidents occur frequently on Florida’s roads, and consequently, we face wrongful death liability lawsuits in these commercial vehicle collisions often. In our Lakeland area practice, we’ve seen multiple families of victims suffering after their loved ones died in crashes with large trucks or commercial vans.
Just last month, a Lakeland pedestrian died after a collision with a freight truck on Combee Road. While this specific accident was not the fault of the truck driver, many times these accidents are due to reckless or negligent driving by the trucker. In these cases, we must consider the liability of the trucker, the company, or other parties.
Who could face wrongful death liability in a truck accident?
Accidents involving large trucks or commercial vehicles usually have many factors to consider. An attorney putting together a wrongful death liability lawsuit in a commercial truck accident will look at:
The truck driver
Experts will, of course, thoroughly investigate the driver in a truck accident. Things law enforcement, and lawyers, will analyze include:
- was the driver fatigued or asleep during the crash?
- how many hours had the driver been on the road?
- was the trucker impaired by alcohol or drug use?
- was the driver distracted by a device when the collision happened?
Depending on the answer(s) to these questions, a driver could face wrongful death liability if the accident killed another motorist or a pedestrian.
Other drivers/pedestrians involved
Sometimes other vehicles (or pedestrians) are involved in a serious truck accident. Truckers aren’t always the only ones faulted in vehicle pileups and secondary crashes. These cases require thorough investigation and input from accident reconstruction experts, law enforcement, medical personnel, and even witnesses to the collision.
The manufacturer of the truck
Manufacturers do hold responsibility for the trucks they put on the road. If a commercial vehicle malfunctions due to mechanical failure, poor-quality workmanship, or a previously recognized fault, the manufacturer could face wrongful death liability in a case. However, if a manufacturer issued a recall on the truck, liability could fall on the truck owner, as they failed to keep up with necessary maintenance.
The employer/owner of the driver/truck
Many truckers are employed by larger companies and drive under the instruction of these corporate entities. These companies can be held liable in a truck accident if it’s proven they failed to:
- keep up with maintenance on their truck(s)
- provide adequate training for their drivers
- vet their drivers properly before hiring
- give drivers resources for best driving practices (required breaks and monitoring systems, rest days off the road. etc.)
- poorly loaded cargo
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How do lawyers determine wrongful death liability in a truck accident?
Now you know who faces liability in your truck accident, but how do we determine wrongful death liability? Law enforcement and attorneys will examine:
- the weather conditions at the time of the accident
- the circumstances surrounding the crash (using photos, video footage, witness statements, etc.)
- the driver’s condition and behavior when the collision occurred – distracted, impaired, or fatigued?
- the condition of other drivers and pedestrians involved – if they were impaired by sleep, alcohol, or drugs, or were distracted, they factor into liability
Determining liability requires the skilled and experienced mind of a truck accident lawyer in your area.
Why should I file a wrongful death claim…and where do I start?
There are two main reasons victims’ families choose to pursue a lawsuit for wrongful death liability after a commercial truck accident:
Wrongful death liability is important to victims’ loved ones.
Justice for their loved one(s)
While a lawsuit won’t bring back their loved one, pursuing justice helps many families feel they did something in honor of the victim’s memory. Many families also hope to shed light on the accident, aiming to prevent further loss and devastation for other families.
Financial compensation
After the death of a loved one, many families face bills for medical care, funeral expenses, outstanding debts, and more. What’s more, if the victim was a provider for the family, or was a main care provider for children in the family, the loss is even more devastating. Victims’ families deserve financial aid to help with these expenses, and the at-fault party (and their insurance provider) should take responsibility.
When you’ve lost a loved one in a truck accident, where should you start with filing a case?
If you live in or around the Lakeland area of Central Florida, it’s time to call Brooks Law Group.
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Who can help me file for wrongful death liability?
Brooks Law Group is one of Tampa Bay’s leading truck accident practices. Our experienced commercial vehicle accident attorneys work closely with families. We fight for the justice and compensation they deserve after the loss of their loved ones. We aren’t just lawyers…we’re advocates, fighting for their best interest and the memory of their family members until we close each case.
With offices throughout Tampa Bay, we’re always close by and easy to reach. Getting in touch with our team is as simple as picking up the phone and dialing our number, or submitting a simple form online. We’ll reach out to you, and if you can’t come to us for your first, free consultation, we’ll come to you! We make it easy to get help after a truck accident. Our contingency fee means you don’t pay for legal representation unless we win, so using our services is risk-free for your family.
If you’ve lost someone you love in a large truck or commercial vehicle accident, call us today. When accidents happen, Central Florida knows to Look to Brooks.
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