Truck accidents can have severe consequences, and many times they can also be fatal. Losing someone in an accident often leaves surviving family members with medical bills and funerary expenses. But an attorney can help close relatives file a claim for damages.
In Newark, NJ, personal injury law may seem complicated for family members to navigate while mourning their loss. But filing a claim for damages is the best way to get compensation to take care of the expenses related to the accident. This is especially true when someone else’s negligence was the cause of the truck accident and the wrongful death of their loved one.
Determining Liability for a Fatal Truck Accident in Newark
Most victims want to know who Is liable for their truck accident in Newark. If you lost someone in a fatal truck accident in Newark, you should talk to your attorney to pursue damages, particularly when someone else is liable for the accident. Your fatal truck accident attorney can help you determine liability.
Many parties can be responsible for a fatal truck accident. Therefore, your attorney must examine your case to determine who is at fault. However, the parties most commonly liable in these cases are:
- Truck driver. When a human error caused the accident from the driver or when they were using substances or breaking transit laws any other way.
- Trucking company. Sometimes truck operators drive recklessly because of their tight schedules. The trucking company can also be liable for a fatal accident if a lack of maintenance causes the accident.
- Other drivers and occupants of the road. Other trucks, cars, and even pedestrians can get in the way of a truck, forcing the driver to brake unexpectedly and causing an accident.
- Truck manufacturer. A fatal truck accident can happen because of a defective part or a malfunctioning system in the truck. Truck and parts manufacturers can be liable in those cases.
- The city of Newark. Some accidents result from a poorly designed intersection, a hole in the ground, or a lack of transit lights. Your attorney can help you determine how to pursue damages from the City’s Government.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Damages You Can Get After a Fatal Truck Accident
Surviving family members of the victim can claim different types of damages for a fatal truck accident, but the main two are economic and non-economic damages. Economic damages are meant to cover all expenses from the accident, such as:
- Medical care
- Emergency services
- Funerary costs
Non-economic damages are more complicated to calculate since they are meant to compensate the victims for their inconveniences, pain, suffering, and any other personal or emotional loss resulting from a fatal truck accident. However, an experienced attorney can help determine the damages the victims are entitled to and calculate the right amount.
Truck Accident Wrongful Death Lawyer
An accident becomes fatal when one or more persons suffer a wrongful death during or as a consequence. In those cases, close relatives are entitled to file a claim to recover damages for losing their loved one.
The most common family members who file a wrongful death claim after a fatal truck accident are spouses, adult children, or parents. However, the financial or legal representative of the victim can also pursue damages through an insurance company or in a New Jersey courtroom.
Most Common Fatal Truck Accidents in Newark
Some accidents have more probability of becoming fatal than others. These are some of the most common types of accidents in Newark that can cause fatal injuries, according to our lawyers:
- Head-on collisions. Injuries from these events can be fatal. That is because the impact is greater when two moving vehicles collide front to front, which is, unfortunately, common when truck drivers fall asleep behind the wheel.
- Rear-end collisions. Trucks are heavy vehicles that need more space to brake fully. Particularly when cargo is also heavy, a truck-driving DUI can have a slower reaction time and hit a car from the back, leading to severe or even fatal injuries.
- Jackknife accidents. It is called a jackknife accident when a truck turns too late or early, and the trailer slides sideways and crashes. These accidents make the truck look like a jackknife and cause severe damage to other vehicles on the road.
- Rollover accidents. These accidents can cause the cargo to spill, damage houses and vehicles, and block roads for hours. Rollover accidents can also create multi-vehicle crashes with many fatal victims.
Common Causes of Truck Accidents in Newark
While many factors can cause a fatal truck accident, our lawyers say some causes appear more common in Newark, NJ.
Driving Under the Influence (DUI) or While Fatigued
Truckers often work for more hours than they are legally allowed to. The reason for that may be a strict schedule or a negligent employer. But no matter the cause, driving while tired is one of the leading causes of fatal road accidents. According to FMCSA, fatigued drivers can be more dangerous than drivers under the influence.
Also, penalties for truck drivers under the influence are more severe than for car drivers. Nevertheless, some truck drivers abuse alcohol or other substances behind the wheel, which can cause a fatal accident.
Speeding and Texting
Fatal accidents can result from texting and using a GPS app, drinking, eating, or anything that takes the driver’s hands or attention away from the road. While those are dangerous behaviors, none of them are illegal for car drivers. However, by law, truck drivers are obliged to avoid using digital devices while driving.
Some truck drivers with tight schedules may take the opportunity to speed up, particularly on highways. However, this can be very dangerous for them and other road occupants. Because of its weight, a speeding truck needs more space to stop fully and can cause more severe damage to the victims.
Fatal Truck Accident Attorney in Newark, NJ
Fatal truck accidents can leave behind expensive medical and funerary bills. And surviving family members of a wrongful death victim may be entitled to damages for their loss. But they can also take away the household’s main provider, which combined can sink an entire family into debt for years.
When the accident was caused by a truck driver’s recklessness or a trucking company’s negligence, they should also take care of the victim’s medical and funerary bills. Contact our Newark offices today and let us help you recover damages for the wrongful death of your loved one.