Fatalities Caused by Truck Accidents
When a motor vehicle collision results from careless behavior, an injured person can bring a personal injury action against the person responsible for causing the accident. In some tragic instances, however, a victim loses their life as a result of the crash. This is particularly an issue when it comes to truck accidents. These massive vehicles weigh tens of thousands of pounds and can cause catastrophic damage when a driver loses control or when a vehicle is overloaded or overweight. If a negligent driver causes the victim to lose their life, they can be held liable in a lawsuit for wrongful death. Massachusetts has specific laws that govern the process for recovering compensation following the loss of a loved one. At Breakstone, White & Gluck, our Boston wrongful death lawyers have dedicated our careers to serving victims and their families throughout Massachusetts. We know how traumatic this event is for your family, and we are prepared to fight vigorously on your behalf.Truck Accidents Often Lead to Avoidable Deaths
The surviving family members of a victim of a fatal truck accident can bring a wrongful death claim against the truck driver or trucking company that caused the accident. There are many ways that truck accidents can lead to fatalities. For example, braking ability accidents can result when a truck is maintained improperly or when there is a mechanical failure that prevents the vehicle from stopping as needed. If a massive truck collides with a vehicle in front of it, the passengers of that vehicle could suffer fatal injuries.
Another common type of truck accident results from falling debris when a truck’s cargo is not secured properly. Objects can scatter over the roadway during sharp turns or at high speeds. Nearby drivers may not have sufficient time to avoid the debris, leading to serious crashes.
Another leading cause of fatal truck crashes is truck driver fatigue. If a truck driver falls asleep behind the wheel, they can collide with nearby vehicles or pedestrians without warning. Drivers are often too tired to drive safely because they are hurrying to meet deadlines that are imposed by their employers.
To recover compensation in a wrongful death action, the surviving family members must show that the defendant failed to use reasonable care and that this failure was the cause of their loved one’s death. In general, truck drivers have a duty to operate their vehicles safely and prudently. Trucking companies also have a duty to use reasonable care in hiring drivers, performing routine inspections, and must comply with state and federal trucking regulations. Establishing a causal link between this careless conduct and your loved one’s death requires showing that they would likely not have been hurt had the defendant used the appropriate care. This often requires testimony from an expert witness, such as an accident reconstructionist.
After establishing causation, the plaintiffs will be asked to give evidence to support the amount of compensation that they are seeking. Although no amount of money can truly compensate you for the sudden loss of your loved one, it can help you cope with the financial impact. Plaintiffs in a wrongful death action can claim medical bills incurred on behalf of the decedent, as well as funeral expenses. The surviving family members can also seek compensation for the loss of their loved one’s future financial support and the loss of their companionship. A wrongful death lawyer can help you determine which items of compensation may be available to you.Retain a Dedicated Truck Accident Lawyer in the Boston Area
Losing a loved one is a life-changing experience. It can be even more painful when you lose a loved one due to another person’s careless actions. At Breakstone, White & Gluck, our experienced team of trial lawyers is prepared to assist your family with seeking justice after a fatal crash. We have served people in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To schedule your free consultation with an attorney, call 1-800-379-1244 or contact us online to get started.