Any accident involving a large commercial truck has a greater chance of causing catastrophic or fatal injuries than a typical passenger vehicle accident. Surviving family members of victims of fatal truck crashes in Atlanta need to understand their legal options after losing loved ones to the negligence or misconduct of others. An experienced Atlanta truck accident attorney can provide valuable guidance after this tragic event.
Legal Options for Fatal Truck Crashes in Atlanta
When a person is injured by the actions of another party, the victim has the right to pursue accountability and compensation from the party responsible for injuring them. However, if the victim does not survive, their family will likely be eligible to file a wrongful death claim in place of the personal injury suit the victim could have filed if they had survived.
The Georgia Governor’s Office of Highway Safety reported 1,829 traffic accident fatalities statewide in 2022. In 2023, the National Safety Council reported 5,375 commercial trucks involved in fatal accidents, and 70% of the victims of fatal truck crashes that year were occupants of smaller passenger vehicles. If you have lost a family member in a truck accident, it’s important to understand the difference between wrongful death claims and survival actions.
A wrongful death claim is a civil claim for damages filed by the surviving family of the victim that seeks compensation for the family’s losses resulting from the unexpected death. These losses can include funeral and burial expenses, lost financial support, and pain and suffering. A survival action seeks compensation for the damages the victim suffered between the fatal accident and their death, such as their own pain and suffering and damages to their estate.
Building a Case for a Fatal Truck Accident in Atlanta
A wrongful death claim and survival action are often filed in tandem after a fatal accident in Atlanta. This increases the family’s chances of securing appropriate compensation for all of their claimable losses as efficiently as possible. Just like in most other personal injury cases, the plaintiff needs evidence proving that the defendant’s negligence or misconduct directly caused the damages cited in the claim.
Truck accidents often occur due to the same reasons as other accidents, such as speeding, moving violations, distracted driving, or intoxicated driving. These accidents may also result from a trucking company’s failure to enforce industry regulations, such as hours-of-service rules meant to prevent fatigued driving accidents. Regardless of how the accident in question happened, your attorney can gather and preserve the evidence needed to prove fault.
Your Atlanta truck accident attorney can also calculate the total damages your family is eligible to claim. When your family has grounds to pursue both a survival action and a wrongful death claim simultaneously, this can secure compensation for the damages to the deceased’s estate and for the pain and suffering the victim experienced, making estate administration easier and increasing the total amount passed to the victim’s beneficiaries.
Ultimately, the unexpected death of a family member is never easy to process, but you are likely to have many complex legal questions when a family member has died because of another party’s negligence. The attorneys at Hall & Lampros, LLP can provide compassionate, results-driven legal counsel for this difficult case, so reach out to our firm at your first opportunity to learn more about our legal services for fatal truck crashes in Atlanta.
FAQs
What Are the Penalties for Causing a Fatal Truck Crash in Atlanta?
Penalties for causing a fatal truck crash in Atlanta could include more than just liability for the victim’s damages. Depending on how the accident happened, the at-fault party could face fines, suspension or revocation of their commercial driver’s license, or even criminal prosecution. In some of these cases, employers are held vicariously liable for the actions of their employees.
What Are Common Causes of Fatal Truck Crashes in Atlanta?
Some of the most common causes of fatal truck crashes in Atlanta include distracted driving, moving violations, speeding, and failure to comply with trucking industry regulations. Success with any wrongful death claim in Atlanta requires proving fault for the accident and identifying the party responsible. Your Atlanta truck accident attorney can gather and preserve the evidence you need to prove the exact cause of your family member’s fatal accident.
How Do You Prove Fault for a Fatal Truck Accident?
To prove fault for a fatal truck accident, you may need evidence like trucking company documentation, eyewitness statements, police reports, vehicle computer data, and, if available, traffic camera footage. All vehicle accidents in Georgia involving multiple parties, including fatal truck crashes in Atlanta, are resolved on a fault basis. Proving fault is an essential first step before filing a wrongful death case and/or survival action after a family member’s death.
How Much Compensation Can Be Claimed for a Fatal Truck Accident?
The amount of compensation that can be claimed for a fatal truck accident depends on the severity of the victim’s damages. In a wrongful death case, the family of the fatally injured victim can claim compensation for funeral and burial expenses, lost financial support, and pain and suffering. In a survival action, the family can claim compensation for damages to the victim’s estate and for the pain and suffering the victim experienced prior to their death.
Why Should I Hire a Truck Accident Lawyer After a Fatal Truck Crash in Atlanta?
You should hire a truck accident lawyer after a fatal truck crash in Atlanta because wrongful death claims are inherently challenging in several ways, and a truck accident is likely to raise more complex legal questions than a typical vehicle accident case. Hiring experienced legal counsel significantly improves your chances of reaching a favorable outcome in your case, and your attorney will be ready to address any unexpected challenges you encounter.
Losing a family member in a fatal truck crash is a devastating experience, and if you believe another party is responsible, you need to hire a truck accident lawyer right away to help you build your case. The team at Hall & Lampros, LLP is ready to assist you with your fatal truck accident case, so contact us today to schedule a free consultation with our team.
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