The surviving family members of a victim of a fatal truck accident can bring a wrongful death
claim against the truck driver or trucking company that caused the accident.
Although the police declined to press criminal
charges against the truck driver, he still may face civil liability for negligence and wrongful death for his role in the crash.
Sometimes, it's not possible to negotiate a fair insurance claim settlement and you need to pursue legal
action against the truck driver and his or her trucking company.
Many individuals, rightfully, want to bring a negligence or wrongful death
suit against the truck driver or company that caused their injuries or the death of a loved one.
In addition to the actual driver of the truck that caused the accident, you may also have a potential
claim against the truck driver's employer or the company that owns the truck.
The advocates plan to pursue
action against the truck driver, the business behind him, and the local authorities who had issued the health certificate for the shipment.
For example, in the above case, if the man in the cabin was also injured, he may be able to bring a
suit against the truck driver or the trucking company.
In order to
protect against truck driver error and fatigue, truckers are federally regulated by the Federal Motor Carrier Safety Administration.
It is important to note that in these types of accidents, plaintiffs can bring lawsuits against more than one of the trucks and can even establish
liability against the truck drivers» employers.
Extremely knowledgeable of the hundreds of laws enforced by the FMCSA and other state and federal legislation and experienced in handling and litigating truck accident claims, our Clearwater personal injury attorney is prepared to act as a bold advocate on your behalf and as a formidable legal
opponent against the truck driver and / or company responsible for your damages.
If you decide to pursue legal action
against a truck driver who harmed or caused the wrongful death of a loved one, you will most likely be facing off against trucking companies and the insurance companies that represent them.
The attorney will review the OSHA investigation to determine what inspections were done in the previous year, research any potential past
citations against the truck driver or company, and look at the vehicle's equipment to see if there had been any citations for faulty equipment.
If you or a loved one has been injured in a New Mexico trucking accident, you may consider bringing a negligence
claim against the truck driver or the trucking company.
Even if the cause of the accident is initially unknown, a thorough investigation may reveal previously undiscovered facts that can help you prove your
case against the truck driver.
Truck Accident Attorneys in New Mexico If you or a loved one has been injured in a trucking accident in New Mexico, you may consider bringing a personal injury
suit against the truck driver or their employer.
Jury Awards in Trucking Accidents in New Mexico When an accident victim or their family brings a claim
against a truck driver or trucking company, the process can be lengthy.
Debrah Merlin has the option to file a personal injury claim
against the truck driver, even though no charges were made.
You have the right to file a lawsuit
against the truck driver, the company he or she works for, and anyone else that was responsible for causing your 18 - wheeler accident and injuries.
Depending on the specific circumstances surrounding your truck accident, your lawyer may be able to pursue claims against third parties in addition to claims
against the truck driver him or herself (and his or her insurance company).
Shortly after the accident, State Police brought a Misdemeanor Death by Motor Vehicle charge
against the truck driver and began a thorough investigation of the truck and trucking company.
Depending on the specific circumstances surrounding your truck accident, your lawyer may be able to pursue claims against other parties in addition to a claim
against the truck driver.
David Abels & Associates, P.C. has been retained by one of the injured to pursue a negligence claim
against the truck driver and truck owner.
In a situation in which an individual is involved in a trucking accident, it may seem most logical to bring a personal injury lawsuit
against the truck driver, and this is often the case.
Truck Driver Responsibility in New Mexico In understanding civil negligence claims
against truck drivers, it is important for victims and their families to understand which entities are actually at fault.
In the case, Moreno v. TLSL, the court ended up dismissing the case
against the truck driver and his employer, citing a lack of evidence of the driver's negligence.
For example, even if a motorist were to be involved in any career and accidents with a tractor - trailer, depending on how the semitruck was fitting with warning devices for, or underguard protection, there still may be a claim
against the truck driver.
If you choose to do so, your attorney can help guide you through the process of filing a lawsuit
against the truck driver.