Wrongful Death Claims in Commercial Truck Accidents

 Posted on December 09, 2024 in Wrongful Death

On busy highways like I-80, you share the road with tractor-trailers and other trucks carrying heavy cargo, increasing the risk of a serious accident. A fatality is the worst-case scenario in a commercial truck accident, and if you have lost someone you love in one of these auto wrecks, you may have a right to seek out a wrongful death settlement.

A personal injury lawyer can take action on your behalf while you process your grief, gathering all of the available evidence and arguing for your rights to insurance companies or in court. The Illinois personal injury attorneys at Kendall County Injury Lawyers, a Division of Kanoski Bresney have taken up numerous wrongful death cases, securing verdicts in the millions for families in mourning.

Who Can Collect from a Wrongful Death Suit?

Before you pursue a wrongful death settlement from a commercial truck accident, you should know that Illinois has specific laws about who can make a claim for a decedent (the person who has died). The right to collect damages always falls to the decedent’s surviving spouse and children first. If the decedent had no spouse nor children, then other family members such as siblings or parents may be able to pursue a settlement. The executor of the decedent’s will is responsible for filing the suit, or a court-appointed representative if not applicable.

Damages in a Wrongful Death Suit

The surviving family of a driver killed in a commercial truck accident may be entitled to different forms of compensation. A full settlement in these cases will usually cover both economic and non-economic damages, referring to hard financial costs and intangible losses, respectively.

Economic damages might include the loss of income contributing to the family, funeral expenses, and any loss of inheritance. On the non-economic side, the surviving family could be compensated for the loss of a dear companion and the emotional support he or she provided. The aftermath of a fatal trucking accident can be traumatic to the decedent’s next of kin, so non-economic costs should not be overlooked.

Liability in Commercial Truck Accidents

The procedure for pursuing a settlement in a wrongful death for a truck accident is similar to a personal injury claim. Illinois adheres to the law of comparative negligence, which means that the decedent’s family can collect damages as long as the decedent was less than 50 percent at fault, and the settlement is paid out proportionately. If the truck driver was 90 percent at fault for the accident, then the family could be paid out for 90 percent of their damages.

Liability for a commercial truck accident might also extend to other parties, including the trucking company or third-party contractors responsible for the truck’s maintenance. A personal injury attorney at Kendall County Injury Lawyers, a Division of Kanoski Bresney will take a thorough look at the scene of the accident to make sure everyone involved is held responsible for the death of your loved one.

Meet with a Yorkville, IL Personal Injury Attorney

Recovering from the loss of a loved one is a monumental task, both financially and emotionally. The Kendall County, IL personal injury lawyers at Kendall County Injury Lawyers, a Division of Kanoski Bresney can help you get the compensation you are owed after a fatal commercial truck accident. In devastating cases such as these, we will not settle for an inadequate settlement. To schedule a free consultation, call us today at 888-826-8682.