Truck accidents are inherently dangerous. The sheer size of the average semi-truck means that any accident you get into with these behemoths can compromise your and your passengers’ well-being. If a truck driver proves particularly negligent, oversights behind the wheel can even result in a loved one’s death.
Taking action after a fatal truck accident can feel impossible, particularly as you’re left to contend with your grief. Our fatal truck accident lawyers in Stillwater understand how devastating these losses can be. That’s why BDIW Law finds the balance between letting your family recover and giving you the tools you need to seek justice on a loved one’s behalf.
Who Can Act After a Fatal Truck Accident?
O.S. §12-1053 notes that only the deceased’s personal representative may take legal action on their behalf should the deceased have died in a fatal truck accident. Unless the deceased elected a family member to this position, neither the deceased’s siblings, parents, nor spouse may take legal action in their name.
That said, if family members were in the same accident as the deceased, they can pursue personal injury claims. In turn, those individual personal injury claims can include the emotional stress of a loved one’s passing in the injured party’s request for damages.
Your Actionable Time Is Limited
The statute limits the time in which a person’s personal representative may act. Oklahoma wrongful death cases must appear before judges within two years of the day a person passes.
Attempting to bring a complaint forward after that two-year deadline expires can see a judge disregard the case in question. That’s because Oklahoma courts rely on this statute of limitations to ensure that the cases survivors bring forward are up-to-date.
The sooner you’re able to bring a fatal truck accident case to a Stillwater fatal truck accident attorney, the more accurate bystanders’ memories can be when you move to argue for damages. Likewise, moving quickly in the wake of a fatal truck accident helps you get your hands on data, like a truck’s black box, that may later make or break your case.
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Why Should You Act After a Fatal Car Accident?
It can be difficult to go about your day-to-day responsibilities after the unexpected loss of a loved one. Contending with the complexities of a civil case can feel impossible. Why, then, should you pursue legal action after a loved one’s fatal truck accident? Namely, that civil action can help you recover financially from a loved one’s death.
A personal representative can specifically bring a case forward that demands damages for the suffering your loved one endured prior to their passing. Provided you win your case, you can then use those damages to contend with post-accident bills, lost wages, and even a loved one’s funeral expenses.
What’s more, personal injury attorneys help you navigate the thin line between your grief and your right to legal action. We can take the lead on your case while you gather your family close. In turn, you can make the most out of Oklahoma’s filing deadline without compromising your right to emotional recovery.
How Can You File a Fatal Truck Accident Claim?
You can file a fatal truck accident claim on behalf of a loved one by compiling information about:
- The person or party that caused your accident
- What negligence resulted in the fatal truck accident
- What losses you and your loved one endured due to the aforementioned negligence
- What evidence you have supporting your claims
A court may view your complaint as incomplete without this information. Fortunately, you can work with Stillwater, OK, fatal truck accident attorneys to ensure that the form you submit to a civil judge comprehensively addresses your post-accident concerns.
Estimate the Damages You Deserve After a Fatal Truck Accident
The damages you can request in the face of a loved one’s fatal truck accident can include:
- Medical bill coverage
- Property repair and replacement
- Wages lost while on leave
- Lost income from a loved one’s support
- Loss of consortium
- Loss of companionship
- Emotional distress and mental anguish
- Funeral expenses
These damages include economic and non-economic expenses tied to your loved one’s fatal truck accident. We calculate the total value of your loved one’s case by first finding the sum of your and your loved one’s post-accident bills. Our team can then use our experience to determine how non-economic expenses, or expenses that don’t generate bills, modify that sum.
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Who do You Hold Responsible for a Fatal Truck Accident?
You don’t always hold a person liable for a fatal truck accident. There are occasions on which you may hold a corporation responsible for the loss of a loved one. If, for example, the truck driver you get into an accident with was on the clock, their employer may take responsibility for their roadway misconduct.
That said, if you get into an accident with a truck driver operating as an independent contractor, you hold that individual liable for your losses. Independent truck drivers are responsible for securing their own insurance and representing themselves in civil court after an accident.
If you’re not sure who to hold responsible for a fatal truck accident, let a fatal truck collision lawyer from Stillwater help you assess a loved one’s circumstances. When in doubt, evidence can help you hold the right party accountable for their roadway misconduct.
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Contact a Fatal Truck Accident Lawyer Today
No one should have to address the unexpected passing of a loved one alone. If you think a truck driver or related party may be to blame for your loved one’s death, you can take action with a Stillwater fatal truck accident lawyer. BDIW Law team members can help you navigate your grief while also affording you the right to justice in civil court.
You can learn more about your right to take legal action on behalf of a departed party by scheduling a consultation with our team. We’re available to schedule your stress-free, no-strings-attached consultation over the phone or through our website. Get in touch today, and we can bring your loved one’s losses before a judge.
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