Most often when a truck accident occurs leading to a wrongful death, it is due to the negligence of the truck driver. This negligence can take place in a number of different forms ranging from not stopping in time, to speeding or rushing to their next checkpoint. Furthermore, other factors of negligence may often come into play such as whether the driver was following state and federal regulations, driving too many hours in one day or week, or taking long enough breaks. These factors can each impact the truck driver’s perceptions and their ability to drive safely, potentially leading to the wrongful death accident. With these things in mind, it is important those impacted consult with an experienced Clearwater wrongful death lawyer as soon as possible to begin working on their claim. An experienced attorney can assist in compiling evidence and in preparing the affected individuals for what they should expect through the claims process.
Common Causes of Truck Accidents
There can be a number of different causes that lead to truck accident injuries and death. Some examples include:
- The truck driver not taking proper breaks
- A driver not sleeping enough hours during the day
- Or a truck driver logging more hours driving than is legally allowed
In addition to these causes, there can also be malfunctions of the truck itself. For example the hitch that pulls the load has broken, or one of the tires blew out because the driver was carrying too much weight and failed to check in at a weigh station. Traditional motor vehicle negligence can also result in a wrongful death claim due to the sheer size and weight of commercial trucks on the road. For example a rear-end accident involving a commercial truck on the highway often ends in a wrongful death.
Proving Wrongful Death
Due to the number of state and federal regulations for truck drivers, a truck accident lawyer in Clearwater in use a number of different things to prove a wrongful death truck accident claim. For example, a truck driver is required to take off a certain number of hours between driving times and is required to check in at weigh stations. If either of these regulations are not met, that factor may be used to help demonstrate the negligence of the truck driver.
Furthermore, all the same things used in a regular motor vehicle accident can typically be used to show the negligence of the driver in a truck accident as well. This can determined through the evidence available including the incident report, any investigation done by law enforcement, and pictures taken at the scene.
Benefit of Legal Representation
The attorney in a truck accident wrongful death care plays an important role in helping an individual gather all necessary information. An attorney can get the insurance information of the at-fault driver of the truck or can employ investigators to identify the owner and ensurer of the truck if the driver does not disclose this information. An attorney can also see what the insurance policy is and if there is an umbrella policy, which a lot of companies have.
Furthermore an attorney will assist in investigating the information a person is given following an initial truck accident, and locating everyone who could have potentially been involved. The attorney can also handle interaction with the insurance companies so the family of the deceased does not have to in their time of mourning.