Who Can Be Held Responsible For Your Injuries From A Seguin Truck Accident
Logistics firms are another third-party entity. They plan the routes that commercial vehicle drivers follow in delivering their cargo. These routing firms could be responsible for wrecks if a truck collides with an obstacle because the road was too narrow or an overpass is not high enough. If the route a truck follows is a road that is unsafe for commercial truck traffic and accident results, that routing firm could be a responsible party in your lawsuit. More on this website
Specific legal options must be pursued against each defendant in proportion after you have identified all the parties and determined their role in the accident. Our Seguin fatal truck accident attorneys have twenty years of experience in wrongful death lawsuits and in fatal truck accident lawsuits like this, so our operatives know how to faithfully calculate the damages. They lay out the case against all responsible parties so that you stand to receive full and proper compensation.
So as you’ve seen, a situation like this is complicated and fraught with legal challenges because of the high stakes and the scope of the damages. Many individuals play a role in preparing a truck and could have had a hand in the tragedy your late family member suffered. Many entities and individuals are potentially responsible for road hazards and other factors that may contribute to a fatal truck accident beyond the vehicle driver.
Who Is Responsible?
In our thirty years as Seguin fatal truck accident attorneys, we have seen that many accidents occurred due to carelessness on the part of the vehicle driver. Your first thought is that the driver is the responsible party. And they are. But there is more to this than that. There are several firms that go into getting commercial trucks on the road – the trucking firm, the loading firm, the routing firm, the fleet maintenance contractor. All of these may have had a hand in the details that lead to the fatal truck accident in your lawsuit. And depending on the details surrounding your scenario, construction firms in charge of traffic zones, vehicle manufacturers, and government entities are just some of the other available responsible parties.
Making a Case Against Responsible Parties
As is true in most personal injury lawsuits involving vehicle accidents, the primary legal theory of responsibility in fatal truck accident lawsuits is “negligence.” What that means is a party or business entity (the defendant) is negligent if they failed in their duty to exercise reasonable care under the circumstances, and the plaintiff’s injuries resulted from that failure. So, a party hurt in a commercial truck accident must show that a defendant (driver, trucking firm, or another party) owed the plaintiff the duty to exercise a reasonable degree of care to avoid injury, under the circumstances. This element is almost always automatically met, by virtue of the fact that all drivers on the road owe a legal duty of reasonable care to fellow drivers, passengers, and pedestrians. You must also show that the defendant failed to exercise such reasonable care, or in legal terms “breached” the duty of reasonable care. And you have to show in a court of law that the defendant’s failure to exercise reasonable care was the cause of the injury suffered by the plaintiff.
The Reason for Your Wrongful Death Lawsuit
There are two smart reasons to file a lawsuit after a fatal truck accident. Most importantly, you deserve justice and the parties that took your family member from you must be held accountable. Through a successful lawsuit, you may send a message to negligent vehicle drivers and trucking firms. You may punish the guilty parties and give them the right incentive to take steps to make sure that no one else has to suffer from their carelessness or callousness. Your loss won’t be suffered in vain because at least you’ll be holding them accountable. You’ll be protecting others by making an example of the responsible parties.
Secondly, our firm knows that coping with the death of a family member is never easy. Besides the absence of that party in your life, there are other losses: their companionship, a life together, loss of a mother, father, son, or daughter. And there are also monetary losses. There is the loss of income, benefits, retirement funds, the cost of health care fees for survivors if their passing was not immediate. There are also the monetary gains your family member would have earned if his/her life had not been cut off so abruptly. And there is your own pain and anguish, depression, and the cost of all the counseling or therapy needed to get you through this. There is also your own health care fees or other surviving family members if you were in the accident.
A successful wrongful death lawsuit gives the survivors the potential to recover financially from their losses. Nothing may ever compensate you for the loss of a family member; obtaining the damages for you loss may assuage some of the costs and damages while allowing you to hold the negligent party responsible. This doesn’t matter whether the responsible party is held responsible in criminal court; your civil lawsuit would be completely separate in terms of the legal process and its outcome.