Motor vehicle accidents happen daily across the country. Leading parcel delivery services require a great deal of upkeep, so they have thousands of mail trucks operating. The chance of being involved in a crash with a mail truck is very real. If your loved one died after being hit by a mail truck, you might be able to recover compensation for the damages through a wrongful death claim. A wrongful death claim is filed by the family on behalf of the estate of the accident victim, who would have had the right to pursue a personal injury claim had he or she survived the crash. Mail trucks are much larger and heavier than traditional passenger vehicles, so they can do a lot of damage in a crash.
Damages Pursued In A Wrongful Death Claim After Being Hit By A Truck
The amounts and kinds of damages that can be recovered through a personal injury claim varies from one state to another. Since a wrongful death claim is basically a personal injury claim brought by the family of the decedent, those same laws apply. The family of the deceased accident victim will suffer financial challenges after losing their loved one. Through a wrongful death claim, the family can recover compensation to ease that financial burden, such as covering medical expenses, lost wages, and burial costs for the decedent. Often, the family can recover compensation for the deceased individual’s lost wages from the accident until the time he or she would have normally retired. In some states, the family can recoup loss of consortium for the loss of love and companionship of their loved one after being hit by a mail truck.
The Role Of Negligence In A Wrongful Death Claim After Being Hit By A Mail Truck
For a successful wrongful death claim after being hit by a mail truck, you will need to prove that the driver was negligent. All four elements of negligence must be met. First, you will need to show that the truck driver had a duty. In this case, that duty was to drive safely and adhere to traffic laws. Next, you must show that duty was breached. As an example, the truck driver was driving under the influence of prescription drugs. Next, show that breach of duty caused the crash – the medication caused drowsiness and dizziness that affected judgment. And last, that the death resulted from the injuries sustained in the crash.
Consult With A Wrongful Death Attorney
If your loved one died after being hit by a mail truck, you should consult with a wrongful death attorney. A lawyer can determine how to proceed with the claim and how to prove that the driver acted negligently. Wrongful death lawyers work on a contingency basis, so you have nothing to lose. There are no upfront costs. Get your free case evaluation for a wrongful death claim after being hit by a truck today before it is too late to file a claim.
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against UPS or any other party, you may not be entitled to any compensation.