How Families Can Pursue Compensation for the Loss of a Loved One in a Trucking Accident
Losing a loved one in a trucking accident is a tragedy that no family should endure. These accidents often lead to catastrophic outcomes, given the size and weight disparity between commercial trucks and passenger vehicles. When a trucking accident results in death, Mississippi law allows surviving family members to file a wrongful death lawsuit to seek justice and compensation for their loss.
Who Can File a Wrongful Death Claim in Mississippi?
Under Mississippi law, certain family members have the legal right to file a wrongful death lawsuit following the loss of a loved one in a trucking accident. Those eligible to file include:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
- Siblings (in certain situations)
If none of these individuals are available, a wrongful death claim can be brought by a personal representative of the deceased person’s estate.
Filing a wrongful death claim allows families to seek compensation for several damages, including:
- Funeral and burial expenses
- Medical expenses incurred before the death
- Loss of financial support
- Pain and suffering experienced by the deceased before death
- Loss of companionship and emotional distress suffered by the family
The Role of Negligence in a Trucking Accident Wrongful Death Claim
Proving negligence is key to a successful wrongful death lawsuit in Mississippi. Trucking companies and their drivers have a duty to operate safely and follow federal and state trucking regulations. Common forms of negligence in trucking accidents include:
- Driver Fatigue: Federal regulations limit the number of hours a truck driver can be on the road without rest. When drivers ignore these regulations, it can lead to fatal accidents.
- Distracted Driving: Truck drivers are subject to long hours, and distractions like mobile devices, eating, or even fatigue can lead to deadly collisions.
- Improper Maintenance: Trucking companies are responsible for ensuring that their vehicles are properly maintained. Faulty brakes, worn tires, and other mechanical issues can lead to fatal accidents.
- Overloading: Exceeding weight limits can make it harder for truck drivers to control their vehicles, increasing the likelihood of accidents.
An attorney experienced in trucking accidents will gather the necessary evidence, including reviewing driver logs, inspecting the truck’s maintenance records, and investigating the crash scene. This evidence is crucial in demonstrating that the trucking company or driver was at fault for the accident.
Statute of Limitations in Mississippi Wrongful Death Lawsuits
Mississippi law places a time limit on when wrongful death claims can be filed. The statute of limitations for wrongful death claims is typically three years from the date of death. However, if the wrongful death occurred due to a criminal act, such as a DUI, a one-year statute of limitations may apply. It’s essential to act promptly, as missing these deadlines can prevent your family from recovering compensation.
What to Expect from a Wrongful Death Settlement
Trucking companies often carry large insurance policies, which can result in significant settlements for the families of victims. However, these companies and their insurers are typically more aggressive in defending themselves. They may attempt to minimize their liability or shift blame onto the deceased.
The amount of compensation you may receive depends on several factors, including:
- The age and earning capacity of the deceased
- The relationship between the deceased and the claimant (spouse, child, etc.)
- The financial support that the deceased provided to family members
- The emotional and psychological toll of the loss
With the assistance of an experienced attorney, your family can negotiate for a fair settlement that fully compensates for the financial and emotional damages suffered.
If you or a loved one has been injured in an 18-wheeler truck accident, Kellum Law Firm, P.C. is here to help. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and learn how you can seek compensation.
The Mississippi fatal 18-wheeler truck lawyer at Kellum Law Firm, P.C., stands ready to support victims in Mississippi who have suffered due to an accident caused by another. If your accident has directly affected your physical well-being, contact Kellum Law Firm at their Jackson office at (601) 969-2709 or their Port Gibson office at (601) 590-9000 to explore your legal options.
