Fatal Truck Accidents
Commercial truck drivers, like all drivers, have a duty to operate their vehicles in a safe manner. Unfortunately, however, many truck drivers drive recklessly, which often leads to accidents. Commercial trucks typically weigh several tons and travel at high speeds, and when they collide with other vehicles, fatal truck accidents can occur. If you suffered the loss of a loved one under these circumstances, you can consult legal counsel regarding what damages you may be owed. The dedicated Cape Coral truck accident lawyers of Lusk, Drasites & Tolisano, P.A. are mindful of the emotional and economic harm the sudden loss of a loved one can cause, and we will work tirelessly to help you pursue the full amount of compensation you may be eligible to recover.Causes of Fatal Truck Accidents
Typically, fatal truck accidents are caused by unsafe driving. For example, many truck accidents are caused by fatigued drivers who have exceeded the maximum drive times permitted under the law. Truck drivers that speed or drive while distracted frequently cause collisions as well. Unfortunately, in many instances, truck accidents cause fatalities. When a person dies in a truck accident, the person’s family members may be able to recover damages in a wrongful death lawsuit. Specifically, Florida allows a plaintiff to pursue wrongful death claims against a defendant if the defendant’s negligence caused the deceased person’s death. In order to prove liability for negligence, the plaintiff must show that a defendant owed the deceased person a duty to exercise reasonable care and that the defendant acted in a manner that constituted a breach of that duty. The plaintiff must also show that the breach of the duty caused the deceased person’s death. In trucking accidents, the duty owed is often the duty to comply with Federal safety regulations or Florida laws regarding the safe operation of commercial trucks.Damages Recoverable in a Wrongful Death Claim
The Florida Wrongful Death Act (“the Act”) sets forth the damages that may be awarded in a wrongful death claim, and a seasoned truck accident attorney can help you pursue this kind of lawsuit. It is important to note that any wrongful death claim must be brought within two years of the deceased person’s death; otherwise, the right to seek damages may be waived. Additionally, the Act states that wrongful death claims must be brought by the personal representative of the estate on behalf of the estate and any statutory survivors.
The damages recoverable by the estate include compensation for the loss of the deceased person’s earnings from the time of injury to the time of death, minus some deductions. The estate may be awarded compensation for the loss of prospective net accumulations, reduced to the current value, in certain cases as well. The estate may also recover any funeral or medical expenses for the deceased person’s death or injury.
Survivors may be awarded compensation for the loss of the deceased person’s support and services from the date of the injury to the date of death, as well as compensation for the loss of future services and support. Additionally, survivors may recover compensation for the emotional harm they sustained due to the deceased person’s death. Notably, however, only survivors delineated by the Act can recover damages. Specifically, the Act deems a deceased person’s child, spouse, or if the deceased person was a child, his or her parents, as survivors.Meet with an Assertive Truck Accident Lawyer in Cape Coral
If you suffered the loss of a loved one due to a fatal truck accident, it is advisable to meet with legal counsel as soon as possible to discuss your rights. The attorneys of Lusk, Drasites & Tolisano, P.A. possess the skills and experience needed to help you seek any compensation you may be owed, and we will advocate assertively on your behalf. We have offices in Cape Coral, Naples, and Fort Myers, where you can contact us by calling 800-283-7442. You can also contact us via our form online to schedule a consultation.