The severity of any collision between two vehicles depends on the size of the cars and the speed at the time of impact. When a crash occurs between a commercial truck and a car, it rarely ends well for the smaller vehicle. According to the most recent data collected by the Kentucky State Police, there were 10,604 collisions between trucks and cars. Of those car collisions, 108 resulted in fatalities.
Undoubtedly, in each of those accidents, the cause of the accident was determined, and liability was assigned. That is important because if it can be proved that a driver’s negligent actions caused the accident, the surviving family members are entitled to seek a wrongful death claim.
Case in point: As reported by Local 12, recently, a truck driver was charged with allegedly causing a crash that resulted in the death of a 62-year-old driver. In this incident, the tractor-trailer ran a red light at the intersection, striking the victim’s car. Running a red light is a clear case of reckless driving, and the blame is squarely placed on the shoulders of the truck driver.
An experienced truck accident attorney, such as the legal team at Peterson Law Office, can provide support to surviving families to help prove negligence and fight for the maximum benefits allowed. If you’re facing this situation, you need to understand what is involved in proving negligence in a fatal car and truck accident.
What Are the Four Elements of Negligence?
A wrongful death claim falls under the realm of tort law. Under Kentucky law, you and your attorney have to establish the same four core elements of negligence as every other state. Those four elements are the following:
Duty
The at-fault party had an obligation to act to follow the rules of the road and of the trucking industry to avoid causing harm to other motorists.
Breach
The at-fault party failed to fulfill their duty to drive safely. Examples of breaches include running a red light, speeding, or violating federal regulations, such as the Hours of Service (HOS) rules established by the Federal Motor Carrier Safety Administration (FMCSA).
Causation
The causation is a direct link between the at-fault party’s action and the cause of the accident.
For example, a truck driver can speed and be pulled over and issued a citation, but if they didn’t cause an accident, they would just be driving illegally. For a wrongful death claim, you need to prove both the “cause in fact” (the accident wouldn’t have happened without the breach) and “proximate cause” (the accident was a foreseeable result of the breach).
Damages
The damages encompass all economic and non-economic losses suffered by the surviving family.
These can include medical bills, lost future earnings, funeral expenses, loss of companionship, and loss of guidance and support. It is essential to reach a final settlement number that encompasses all the losses. Once you sign off on a settlement, the case is closed, and you won’t be able to go back to ask for more money.
Key Factors in Truck Accident Liability
A truck accident can be more complex because there are potentially additional parties who can be held liable beyond the truck driver. Two of the most common causes of commercial truck accidents involve poor vehicle maintenance and improperly secured cargo. Those are also entirely preventable.
Understanding how these issues contribute to a crash is essential for determining liability and holding the responsible party accountable.
Vehicle Maintenance
Commercial trucks are required to undergo regular inspections and maintenance under both federal and state regulations. That responsibility falls to the trucking company. When that company fails to perform routine checks or ignores known mechanical problems, it can lead to catastrophic results.
Here’s what has to be inspected before every trip:
- Brakes
- Tires
- Steering
- Transmission
- Lights
Federal investigators and an experienced truck accident attorney will review maintenance and inspection records to determine if the company violated any safety standards or failed to perform scheduled servicing.
Any missed maintenance entry or falsified report could be used as evidence of negligence.
Cargo Securement
Improperly loaded or unsecured cargo is another significant hazard on the highway. If freight shifts while in transport, it can cause the truck driver to lose control of their rig. That can lead to rollovers, jackknifes, or debris falling into traffic. FMCSA regulations require specific securement methods and equipment depending on the type and weight of cargo.
If a truck’s cargo was unbalanced, overloaded, or not fastened according to standards, the truck company or loading company may be held responsible.
Finding the Right Support for a Grieving Family
Losing a loved one in a trucking accident is an unimaginable tragedy. That tragedy is compounded when the death could have been prevented.
At Peterson Law Office, we understand the emotional and financial toll a wrongful death brings.
Our team is dedicated to uncovering the truth, holding negligent drivers and trucking companies accountable, and helping families pursue the justice and compensation they deserve.
If you and your family are dealing with this type of accident scenario, contact Peterson Law Office today for a free case review.
We can discuss what happened, and you can learn how we can help you move forward.