Losing a loved one to a truck accident can be an overwhelming experience. Especially if that accident was the result of the truck driver’s negligence. Besides feeling grief, you might also feel a need to see justice carried out, and that is where a Nashville truck accident wrongful death lawyer can help. A compassionate and skilled wrongful death attorney can devote the time and resources necessary to attempt to hold the responsible parties accountable. If you have lost a loved one to a truck accident, speak to a lawyer today.
Situations That Lead to Truck AccidentsFatal truck accidents usually occur on the interstate, e.g., trucks turn into somebody's lane; trucks fail to stop in time when there is traffic. When these truck cases are litigated, it is determined that the driver may not have been complying with the over-the-road trucking laws.
That means that they have been driving for more hours than they are legally supposed to and because of that they may be tired and sleepy. That is a common problem with truck drivers being pushed beyond their physical limit, operating a big truck without enough sleep, which is a dangerous combination.
Parties Involved in Truck Accident Wrongful Death CasesThe parties involved in a truck accident wrongful death case include the impacted individuals (anyone injured by the actions of the driver), the driver of the truck, and the company the truck driver worked for.
A determination would need to be made that the company was not pushing the driver to drive more than they should have been and that they were operating legally.A determination would also need to be made that the trucking company serviced and repaired the vehicle properly and they kept it in safe operating condition.
How are Commercial Truck Accident Wrongful Death Cases Handled Differently?More investigation than just a general car wreck would be conducted to ascertain why the accident occurred, not just whose fault it was. There is some corporate structure that made this accident more likely to happen than not, like driver fatigue.
A Nashville truck accident wrongful death lawyer might ask whether the driver was complying with the trucking laws. If the driver was not complying with the trucking laws and violating their hours of service limitation, did the company know about it?
The company should have known about it, and if the company encouraged it, by doing so put all of the people on the interstate in danger so they could make more money. It is important to ascertain if there is a corporate fault or corporate greed component to the accident and if there is, then punitive damages can be sought to keep that from happening to someone else and to encourage other trucking companies from not behaving that way.
How Does the Role of an Insurance Company ChangeGenerally, a trucking company is required to have more money through their insurance. The law requires them to have at least $1 million. Car insurance is much less. Because of that, insurance companies tend to fight these cases harder because the amount of dollars that are at stake. They investigate truck accidents within 24 hours usually.
The insurance companies for truck accidents are more aggressive and are more vigorous in their defense. Therefore, it is important that a person retains an experienced lawyer when dealing with this type of injury accident and these insurance companies.
An experienced Nashville truck accident wrongful death lawyer from a large firm would have the financial capacity to fight big insurance companies, to fight big trucking companies and has the experience and track record of doing so successfully.
Damage Caps for Truck AccidentsThere is no cap on the non-economic damages (medical bills, lost wages, and those types of things) in truck accident wrongful death suits. There is a $750,000 cap in Tennessee for non-economic damages.There are not a lot of wrongful death lawsuits which is why an individual needs a qualified Nashville truck accident wrongful death lawyer that can get around damage caps, and might be able to secure punitive damages against the driver and/or the company they worked for, through fraudulent records if there is a crime involved.
Value of a Nashville Truck Accident Wrongful Death AttorneyIf you have lost a loved one in a truck accident, you do have legal options. A hardworking attorney can help you pursue damages in your wrongful death case. Contact a Nashville truck accident wrongful death lawyer that can help you pursue justice for your loved ones.