What You Need to Know About Wrongful Death Claims After a Fatal Truck Accident

When a loved one is killed in a truck accident, it’s an incredibly difficult and emotional time for the family. Along with grief and shock, there can be a host of unanswered questions about how to proceed and whether legal action is possible. In North Carolina, if the fatal truck accident was caused by another party’s negligence or recklessness, the family of the deceased may be able to pursue a wrongful death claim. Here, we will break down the essential aspects of wrongful death claims after a fatal truck accident, providing you with the information you need to understand the process and how to move forward.

What is a Wrongful Death Claim?

A wrongful death claim arises when a person is killed due to the negligent, reckless, or intentional actions of another. In the case of a fatal truck accident, this might involve a driver’s failure to follow traffic laws, improper maintenance of the truck, or other factors contributing to the accident.
Under North Carolina law, only certain individuals are allowed to file a wrongful death lawsuit. This typically includes the surviving spouse, children, or parents of the deceased. If none of these individuals exist, the personal representative of the deceased’s estate can file the claim on behalf of the family.

Causes of Fatal Truck Accidents

Fatal truck accidents can occur for various reasons. Some of the most frequent causes include:
Driver Fatigue: Truck drivers often work long hours, and fatigue can significantly impair their ability to operate a vehicle safely.
Distracted Driving: Engaging in activities like texting, talking on the phone, or other distractions can result in serious accidents.
Improper Truck Maintenance: Trucks are intricate machines with numerous moving components. Neglecting essential maintenance, such as brake or tire checks, can result in accidents.
Overloaded Trucks: Trucks carrying excess weight may suffer mechanical failures or become difficult to control, leading to dangerous crashes.
Driving Under the Influence: When truck drivers are impaired by drugs or alcohol, they present a major risk to others on the road.
Reckless Driving: Speeding, tailgating, and aggressive driving behaviors are common contributors to fatal accidents.

Proving Negligence in a Truck Accident

To succeed in a wrongful death claim, you need to show that the truck driver or another party was negligent. Negligence means that the defendant failed to take reasonable precautions that would have prevented harm. In the case of a truck accident, there are several factors that can help prove negligence:

Driver Error: Evidence that the truck driver violated traffic laws or was negligent in their actions, such as failing to yield or running a red light.
Vehicle Inspection and Maintenance Records: If the accident was caused by mechanical failure, proving that the trucking company failed to maintain the vehicle properly could be crucial.
Truck Load Information: If the truck was overloaded, evidence of the weight of the truck and its cargo could demonstrate negligence.
Witness Testimonies: Eyewitnesses or experts in accident reconstruction can provide essential information regarding the cause of the accident.
Black Box Data: Modern trucks are often equipped with event data recorders, also known as “black boxes.” These devices record speed, braking, and other data that can help establish what happened in the moments leading up to the accident.

Types of Damages in a Wrongful Death Claim

If your wrongful death claim is successful, you may be entitled to various types of compensation. In North Carolina, these damages typically fall into two categories:

Economic Damages: These compensate for financial losses resulting from the death. They can include:

Funeral and burial expenses
Medical expenses related to the accident
Lost wages and future earnings
Loss of financial support for the surviving family members

Non-Economic Damages: These address the emotional and psychological impact of the loss. They can include:

Pain and suffering experienced by the deceased before death
Loss of companionship, guidance, and support for surviving family members
Mental anguish and emotional distress caused by the death

The Importance of Acting Quickly

In North Carolina, you typically have two years from the date of death to file a wrongful death claim. Waiting too long could forfeit your ability to pursue a lawsuit and recover compensation. Moreover, evidence may fade or be lost over time, so it’s crucial to begin investigating the case without delay. Partnering with a knowledgeable wrongful death attorney can help you meet deadlines and gather the vital evidence needed to build a strong case.

How a Lawyer Can Help

Navigating the legal process after a fatal truck accident can be overwhelming, especially during a time of grief. An experienced wrongful death lawyer can provide crucial support and guidance throughout the process. They can help you:

Investigate the cause of the accident
Gather evidence to support your claim
Negotiate with insurance companies
Represent you in court if necessary

A wrongful death claim can be complex, particularly when dealing with trucking companies, insurance adjusters, and large corporations. An attorney can help level the playing field and give you the best chance of receiving fair compensation.

The Role of Insurance in Truck Accident Claims

Trucking companies are required to carry a significant amount of insurance to cover accidents involving their vehicles. In the event of a fatal truck accident, the insurance company may be your primary source of compensation. However, insurance companies often try to minimize payouts to protect their bottom line. This is where a lawyer can be invaluable, ensuring that you receive the full compensation you deserve.

Conclusion

If you’ve lost a loved one in a fatal truck accident in North Carolina, pursuing a wrongful death claim may help you recover financial compensation and hold the responsible parties accountable. The process can be complex, but with the help of an experienced attorney, you can navigate the legal system and fight for justice.
At Ward and Smith, our team of skilled personal injury lawyers is committed to helping families recover from the devastating effects of fatal truck accidents. We understand the emotional and financial toll this situation can take, and we are here to guide you through every step of the process. Contact us today for a consultation and to discuss your legal options. Let us help you get the justice your family deserves.