Wrongful Death—Georgia Truck Accident Claims


December 13, 2015

Due to their massive size, tractor trailer accidents are far more likely to result in fatalities than car accidents. Tractor trailers can weigh 80,000 pounds, crushing far smaller passenger vehicles and severely injuring those inside. Sadly, truck accidents tragically kill thousands annually and also make for complex legal cases. The victims killed in truck accidents across Georgia will require the assistance of an attorney well versed in the unique field of truck accident law so that their rights will be fully protected.

Fatal Truck Accidents and Wrongful Death Actions

All commercial truck drivers have a legal duty to operate their trucks in a reasonably safe manner. Additionally, truck drivers, trucking companies, and the manufacturers of truck parts must comply with a wide array of state and federal regulations. If the truck driver, trucking company, or manufacturer fails to comply with these requirements, they should be liable to the family members of those killed in the truck accident.

Wrongful death lawsuits are civil actions brought by the family members of deceased accident victims who are killed due to negligence. In Georgia, the surviving spouse has the first priority in bringing a wrongful death action. If the deceased and the surviving spouse have minor children, the interests of the children must also be represented in the action. If there is no surviving spouse or children, the parents of the deceased or the personal representative of the estate can bring the wrongful death action.

Wrongful death lawsuits involve complex issues of liability and damages. Plaintiffs must establish that the defendant acted in a negligent manner. Truck driver or trucking company negligence can be established based on speeding, drug or alcohol use, fatigue, distracted driving, exceeding hours of service requirements, and failure to obey safety rules.

Once the plaintiff establishes liability on the part of the trucker or trucking company, the issue of damages arises. Wrongful death damages can be difficult to calculate. Your wrongful death attorney will prove instrumental in gathering the evidence you need to establish certain categories of damages. Georgia plaintiffs can seek to recover for the value of the loss of the decedent's life, which can include lost wages and benefits, as well as intangible losses, such as loss of care and companionship. The decedent's estate can also be compensated, through a survival action, for funeral and burial expenses, among other costs.

Losing your loved one in a truck accident is unfair and heartbreaking. Do not bear the financial burden of this loss alone. Consult with a wrongful death attorney as soon as possible after the accident. Your attorney will examine the facts and circumstances of your case as well as take the necessary steps to protect your rights.

Montlick and Associates, Attorneys at Law: Put Our Over 30 Years of Experience to Work on Your Case!

The loss of a loved one in a truck accident is profoundly tragic. If you have lost your family member due to the negligence of another, contact the Georgia Wrongful Death Attorneys at Montlick and Associates, Attorneys at Law. Our law firm is dedicated to assisting injured accident victims and their families across Georgia and in the Southeast. We bring over 30 years of experience to your wrongful death case, striving to provide you with the exceptional representation you need to obtain the best possible outcome. The sooner you act after the accident, the greater your chances of obtaining a full recovery. As such, it is important that you seek the assistance of a licensed lawyer as soon as possible. Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Source:
http://law.justia.com/codes/georgia/2010/title-51/chapter-4

Category: Truck Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.