The unexpected loss of a family member in a fatal traffic accident is one of the most emotionally demanding challenges loved ones can experience. Due to the sheer size, weight, and height of semi-trucks compared to passenger vehicles, accidents involving these massive vehicles are often devastating and more likely to lead to catastrophic and fatal injuries.
As Melbourne truck accident lawyers, we understand that nothing can take the place of your loved one or make up for the grief and turmoil your family has experienced. However, our Melbourne fatal truck accident lawyers can help you pursue a wrongful death claim against the liable parties and work to secure the compensation you need to heal and rebuild your life. Contact Bogin, Munns & Munns today for your consultation.
How Melbourne Fatal Truck Accident Attorneys Build a Wrongful Death Claim
To build a strong wrongful death claim, your Melbourne fatal truck attorney will be responsible for the following and more:
- Performing a thorough investigation of the accident scene
- Collecting evidence supporting your claim, such as police reports, medical records, witness statements, and photographs
- Consulting with experts, such as medical experts and accident reconstruction specialists, who can provide professional opinions that further support your case
- Identifying the party responsible and potentially liable for causing your loved one’s fatal injuries
- Assessing and calculating your losses
- Negotiating a fair settlement with the insurance company or other liable party
- Filing a lawsuit and representing you in court if a settlement cannot be reached
Building a strong wrongful death case for a fatal truck accident lawsuit can be a complicated and time-intensive process. However, a Melbourne fatal truck accident attorney at Bogin, Munns & Munns can work to ensure your rights are protected and you receive the compensation you deserve.
To consult with an experienced fatal truck accident lawyer serving Melbourne, call 855-780-9986
Identifying Recoverable Damages
To pursue damages in a wrongful death claim, your losses must be identified and directly related to your loved one’s passing. Compensation can be sought from liable parties, including an individual, their employer, a third party, or an insurance company representing any of them.
Economic and non-economic losses you may be able to pursue include the following:
- The decedent’s outstanding medical bills
- The decedent’s funeral costs
- Expenses related to burial or cremation
- Loss of the decedent’s income and benefits
- Loss of the decedent’s companionship, love, and guidance
- Your emotional distress and grief
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Establishing Negligence and Liability
Pursuing damages in most personal injury and wrongful death claims requires proving that another party was negligent and that this led to a fatal accident, injuries, and quantifiable losses. To do this, the following elements must be demonstrated:
- Duty of care: The other party owed your loved one a duty of care to act as a reasonable person would act in a similar situation.
- Breach of duty: The other party breached their duty of care by engaging in actions or omissions that led to your loved one’s passing.
- Causation: Your loved one’s injuries and subsequent passing must have been directly or approximately caused by the other party’s breach of duty.
- Damages: You or your family suffered calculable losses as a result of your loved one’s passing.
The Florida statute of limitations for wrongful death claims is two years from the date of the decedent’s passing. If this deadline is not met, you may lose your ability to secure compensation from the potentially liable party in the future. For this reason, it’s important to contact a Melbourne fatal truck accident attorney who can ensure your claim and other paperwork are submitted on time.
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Common Causes of Melbourne Fatal Truck Accidents
Drivers cause most motor vehicle accidents, and many are avoidable. As such, it can be especially devastating when a driver could have prevented an accident by being more attentive and adherent to trucking and traffic laws.
Frequent causes of fatal truck accidents in Melbourne include:
Driver Inattention and Distraction
Distracted driving is a frequent contributor to motor vehicle accidents. Common causes of truck driver distraction include using a cell phone, manipulating the truck’s controls, or interacting with a passenger. Any inattention can lead to a driver losing control of their vehicle or failing to notice something unexpected happening on the road.
The blood alcohol concentration (BAC) limit imposed on truck driving while operating a motor carrier (.04% BAC) is more stringent than for most other drivers (.08% BAC). Also, trucking regulations require truck drivers to wait at least four hours after alcohol use to operate their vehicles.
Due to time constraints, fatigue, and the monotony of long distances, some truck drivers turn to stimulants to surmount these problems. Prescription drugs, although legal when not misused, can result in significant and potentially unpredictable impairments.
Federal and state hours-of-service regulations are intended to reduce driver fatigue and increase alertness. Long hours on the road resulting from demanding schedules can result in complete exhaustion and the possibility of drivers falling asleep at the wheel.
Aggressive driving and road rage can easily lead to trucking accidents. Breaking traffic laws, traveling at excessive speeds, and neglecting to yield or stop are all possible scenarios when a truck driver is fatigued, enraged, or pressured by trucking companies to meet deadlines. This behavior can result in catastrophic events when a passenger vehicle becomes the target of the driver’s anger or is caught in the truck’s path.
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Contact a Melbourne Fatal Truck Accident Lawyer for a Free Case Review
At Bogin, Munns & Munns, our team of legal professionals is available to hear your story and evaluate the circumstances surrounding your loved one’s wrongful death. We will provide compassionate guidance and determine if you have a strong case to seek compensation for the damages and losses you’ve suffered. Reach out to us today for a free, no-obligation consultation and to explore your legal options for compensation.