The pain of losing a loved one is immense. It’s worse in situations like a semi-truck accident where someone else’s negligence led to their death. Pursuing legal action while grieving is difficult; still, you must act fast.
While a lawsuit won’t revive the deceased, it’ll help you to get justice and hold the negligent party accountable for their wrongful act. Read more to learn how you can handle a wrongful death case and file a claim after a semi-truck accident.
Get the Accident Report
If you lose a loved one in a semi-truck crash, contact the police and ask for a report. Common details of a semi-truck accident report include:
- Date, time, and location of the accident.
- The full names of the driver, victim(s), trucking company, and other parties in the crash.
- The cause of the accident.
- Traffic tickets or violations.
The truck accident report is essential for building a legal case as it contains important information that can prove negligence.
Determine Who Can File the Claim for Wrongful Death
Relatives can file a wrongful death claim when the driver, trucking company, or related third party’s misconduct leads to death. People with the right to file a claim include the deceased’s spouse, parents, and children.
The victim’s representative named in their will can step in. Sometimes, it’s possible to file a survival claim to get compensation for damages the deceased would have gotten if they survived.
Collect the Necessary Evidence
You need evidence that proves fault to win a wrongful death lawsuit. To avoid another party tampering with evidence, collect the black box data and electronic logging device. Get statements from eyewitnesses and pictures of the accident scene.
Send letters that warn against the spoliation of evidence to trucking companies, semi-truck drivers, insurance providers, and maintenance personnel. This letter asks them to preserve all evidence or else face sanctions.
Refuse Early Insurance Payoffs
Avoid talking to insurance companies or signing documents without a lawyer. They may lure you to collect lowball early settlement offers. Accepting such an offer takes away your right to seek further compensation. So, calculate all losses and speak to a lawyer before considering settlement.
Calculate the Value of Your Claim
Find out what compensation you can get as a family member of the deceased. Claims usually cover immediate, emotional, and long-term financial costs. These may include medical bills, funeral expenses, loss of income, companionship, and services. You can also get claims for punitive damage and mental anguish.
Consult an Attorney
Truck accident cases are complex, so you need proper legal representation. An attorney who specializes in semi-truck accidents understands federal and state trucking laws.
However, state laws differ, so consult an Austin law firm that focuses on semi-truck accidents or a competent lawyer in your location. They’ll help you preserve evidence, handle insurance companies, and maximize compensation.
File an Early Claim
The statute of limitation for wrongful death claims in most states, including Texas, is two years. Countdown begins from the date of death, so begin to prepare as investigation and evidence collection are time-consuming.
Avoid delays, as they lead to errors that give the other parties an upper hand. When filing a wrongful death claim, your attorney will send a petition to a civil court and notify the defendant before the civil litigation process begins.
Endnote
If you lose a child, spouse, or parent in a semi-truck accident, get the official report and confirm your right to file a claim. Gather evidence, avoid early insurance settlements, and calculate the value of your claim. Contact an attorney for proper legal representation and file a civil lawsuit claim.