Can I File a Claim if I Lost a Loved One in a Truck Crash?
Truck accidents can be devastating events that lead to catastrophic injuries. In the worst cases, a truck accident results in one or more fatalities. When someone passes away in an accident, they can no longer bring a legal claim against the liable party. However, certain family members can file a claim to seek compensation for wrongful death.
If your loved one died in a truck crash and someone else was to blame, you deserve compensation and justice for your tragic loss. Speak with a wrongful death attorney about a fatal truck accident that affected your family in Florida.
Causes of Truck Accident Fatalities
Truck accident fatalities can result from various causes, often a combination of factors that lead to tragic outcomes on the roads. Some common causes include:
- Driver error - Negligence, speeding, fatigue, distraction, or impairment can affect a truck driver's ability to react promptly, increasing the risk of accidents.
- Mechanical failures - Faulty brakes, tire blowouts, or other mechanical issues can lead to loss of control, especially given the size and weight of trucks.
- Poor weather conditions - Rain, snow, ice, and fog can reduce visibility and create hazardous driving conditions, making accidents more likely when truck drivers drive too fast for conditions.
- Improper loading - Incorrectly loaded cargo can cause instability, leading to rollovers or jackknifes.
- Lack of training - Inadequately trained drivers may not possess the necessary skills to handle these massive vehicles safely.
- Distracted driving - The use of mobile phones, navigation systems, or other distractions can divert a driver's attention from the road.
- Negligent maintenance - Failure to properly maintain trucks can result in mechanical failures that contribute to accidents.
Truck drivers, trucking companies, and other parties might be liable for the untimely death of your loved one. Our attorneys can assess what happened and advise you of your best options.
Who Can File a Florida Wrongful Death Claim?
In Florida, a wrongful death claim can be filed by specific people who are closely related to the deceased. Florida Statutes section 768.21 outlines the hierarchy of those eligible to bring forth a wrongful death lawsuit:
- Surviving spouse - The surviving spouse has the first right to file a wrongful death claim in Florida. If the spouse was legally married to the deceased at the time of death, they have the primary claim.
- Children - If there is no surviving spouse, the deceased's children, whether biological or adopted, have the right to bring a wrongful death claim.
- Parents - If the deceased had no spouse or children, their parents may file a wrongful death claim.
- Dependent blood relatives - If the deceased had no surviving spouse, children, or parents, any blood relatives who were partially or wholly dependent on the deceased for financial support or services at the time of death may be eligible to file a claim.
Florida law does not allow siblings or non-dependent adults to file a wrongful death claim. Additionally, the personal representative of the deceased's estate is responsible for bringing the lawsuit on behalf of the eligible parties.
Let a Florida Wrongful Death Lawyer Help You
If you lost your spouse, child, or parent in a truck accident, or you are the personal representative of an estate, reach out to Tragos, Sartes & Tragos immediately. Contact us to learn more about your rights and the wrongful death process.