Wrongful Death Claims Involving Commercial Trucks on I-85

Alabama’s I-85 has seen its share of deadly encounters between passenger vehicles and commercial trucks. These crashes can be devastating, especially in underride accidents where passenger vehicles get trapped underneath commercial trucks.

To understand your rights in a wrongful death case, you need to seek legal advice. A wrongful death lawyer from Luck Law, LLC, can support your case and help you understand your rights.

The Dangers of Commercial Trucks

Because of the size and mass of commercial trucks, passenger drivers often suffer fatal injuries in these accidents. Trucks can crash in many ways that can crush smaller vehicles and cause devastating injuries. 

For example, underride accidents often cause fatalities in commercial truck crashes. When a passenger vehicle slides underneath a truck’s trailer, the trailer’s rigid structure strikes the passenger compartment at the head and upper torso level. This intrusion usually bypasses the vehicle’s primary safety features, including crumple zones and airbags, designed to protect occupants in traditional crashes.

This is only one example of how fatal truck collisions can happen on highways like I-85.

Liable Parties in Commercial Truck Wrongful Death Claims

Truck accidents may involve multiple liable parties, including: 

• Truck driver
• Trucking company
• Cargo loaders
• Maintenance providers
• Parts or vehicle manufacturer

Therefore, a wrongful death lawyer must scrutinize the facts around the event and the liability of the involved parties.

Alabama’s Wrongful Death Laws

Alabama’s approach to wrongful death cases is different from most other states. Under Alabama law, only punitive damages are available in wrongful death cases. This means that, unlike other states where compensation is for economic losses and pain and suffering, Alabama’s system is set up to punish and deter offenders.

Filing a Wrongful Death Claim

Under Alabama law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The probate court appoints this representative, who usually works with the deceased’s family and attorney to file the claim. The personal representative may also be named in the decedent’s will. If a minor dies in a truck crash, the parents may file a claim. They have six months to act from the date of death.

The statute of limitations to file a wrongful death claim in Alabama is two years from the date of death. So, getting legal help quickly is essential to protect your rights and preserve evidence.

The Role of Evidence in Truck Accident Cases

Investigating a fatal truck crash requires quick action to preserve evidence. The investigation often includes collecting the truck’s black box, electronic logging device (ELD) data, maintenance records, and driver qualification files. The physical evidence at the crash scene, including skid marks, debris patterns, and vehicle damage, tells investigators and lawyers how the crash happened and if the safety equipment worked.

Consult a Wrongful Death Attorney from Luck Law, LLC

If you need to discuss a wrongful death claim, do so immediately. Truck accidents can be complicated matters, and your lawyer must preserve evidence early in the process. Contact a wrongful death lawyer at Luck Law, LLC, today. Consultations are free.