Wrongful death claims
can be brought against commercial truck drivers and trucking companies if a
close relative has died in an accident. Each year thousands of such deaths
happen on highways across the US. For the very purpose there are laws through
which relatives who have suffered the loss of a loved one can claim damages following a truck accident.
Compensation can be
claimed for loss of companionship, medical bills, loss of income, and emotional
trauma from those who are responsible for the accident and Jacksonville, FL
truck accident lawyers who are specialists in such cases will certainly be
involved. Their football team may not have made the 2015/2016 playoffs but
their legal professionals certainly know the law!
Steps legal pros take
when a client approaches them with a wrongful death case
Northeast Florida truck
accident attorneys start their own investigation into the accident when a
client asks for their help.
Spoliation letter - The legal professional will send the spoliation letter to
the trucking company asking them to preserve evidence of the accident.
Investigators inspect the tractor trailer -
The truck will be inspected by the investigators on behalf of the legal
counselor or law firm.
Inspect all the other vehicles involved -
If your relative was driving a vehicle when it was hit by a truck then this
vehicle too will be subjected to inspection by the investigation team. In many
cases, legal representatives seek the help of accident re-constructionists for
an accurate assessment of the accident.
Obtain documents from the trucking company - One
of their most important tasks say Jacksonville, FL truck accident lawyers is to
secure all the relevant documents from the company that employed the driver.
These documents go through extensive evaluation to determine if the trucking
company has breached any regulations. In addition, driver logs and records are
thoroughly assessed to figure out if the driver was driving continuously for an
extended period without rest or whether the company has adhered to the drug
test schedules mandated by state law. They will also scrutinize the trucking
company’s contracts in order to ascertain if any other company can be held
liable for death.
Witness interviews - Another crucial
task that legal professionals undertake is to conduct a series of depositions
of witnesses. Depositions are witness interviews conducted in front of court
reporters. The transcripts from these interviews are used as evidence in a
truck accident claim. Additionally they can also point towards more evidence
which can be used against the company. People who witnessed the accident,
company employees such as other drivers and the management may also be asked to
give their deposition.
Parties that can be named in a wrongful death case lawsuit
Other than the driver,
the owner of the vehicle, the maintenance company which maintained the truck,
the freight services company who employed the driver, the supplier or the
manufacturer who supplied truck parts that were defective and the bar which
served drinks to the driver may also be held liable in case of a DUI accident. There
is a plethora of parties that you should realize could be targeted.
Often in accordance
with state laws the next of kin does not file a wrongful death claim. Instead a representative of the deceased files the lawsuit. The
damages that are received as a result of the lawsuit are divided equally among
the relatives by this representative. The legal professional works with this
representative as well as the family members to get the compensation.
Whether your loved one was killed in a truck accident due to a negligent
driver or a trucking company that
failed to comply with the rules and regulations, a Northeast Florida truck
accident lawyer can help. Seeking legal assistance will help you take the
essential steps towards pursuing the maximum compensation through a wrongful
death lawsuit.
Here is our link again: USAttorneys.Florida.
Give us a call! Your financial situation may just depend on it.
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