Truck wrecks can be devastating. A Paterson fatal truck accident lawyer can help by filing a claim for damages on your behalf. They can also recover compensation for medical bills and funerary expenses if you lost a loved one in the crash.
However, there are many factors to consider before filing a claim, and you may be in no condition to take on this task yourself. That’s why hiring an attorney may be your best option. An experienced attorney at Morelli Law can conduct a private investigation, build a strong case, and protect your legal rights.
Functions of a Fatal Truck Accident Lawyer in Paterson, NJ
Filing a claim for a fatal truck accident in Paterson, NJ, can be a long and complicated process since it means finding evidence, interviewing eyewitnesses, and determining liability, among many other things. And it can be emotionally complicated for someone who lost a loved one in a truck accident.
But with an experienced attorney, surviving family members can take the time they need to rebuild their family life while their lawyer takes care of every part of the legal process. Some of the things our fatal truck accident attorneys do for our clients are:
Finding Evidence for a Truck Accident
It is necessary to prove how the other party was liable for the accident that caused the wrongful death of a loved one to get compensation for damages. To do that, you need to present evidence, such as photos and medical bills. You may also present witness statements.
Your attorney can interview witnesses, but they can also find hard-to-get evidence, such as police reports, the trucking company mechanical reports and schedules, and CCTV footage from nearby cameras.
Determining Liability After a Fatal Truck Crash
Determining liability means finding out who is at fault for the accident. However, fatal truck accidents can be particularly difficult to determine since there can be many parties at fault. Some of the most common liable parties after a truck accident are:
- The truck driver
- The trucking company
- Other drivers
- Pedestrians or cyclists
- The Department of Transportation
Represent Your Wrongful Death Claim
To recover the compensation you deserve, you must build a strong case and present it to an insurance company or in front of a jury. However, it may not be that easy in practice since many insurance companies are willing to do anything to diminish or deny your claim.
Your truck accident lawyer can put all the pieces together and negotiate with insurance companies on your behalf. But your attorney can take your claim to a New Jersey Court if the liable parties are unwilling to cooperate.
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Common Reasons for Fatal Truck Accidents
There are many ways a fatal truck accident can happen in Paterson, NJ. However, some reasons are present in most incidents, such as:
- Distracted driving. Such as using a phone, eating, or drinking.
- Driving while fatigued. Which can lead to slower reaction times and impaired judgment.
- Speeding or reckless driving. Including driving too fast for weather conditions or failing to yield to other vehicles.
- Driving under the influence. It can include the use of drugs or alcohol.
- Lack of maintenance. Such as brake or tire failure.
- Overloaded or improperly loaded cargo. Which can cause instability and difficulty in maneuvering the truck.
- Lack of proper driver training or experience.
- Failure to properly secure cargo. Which can cause items to fall onto the road or shift during transport.
- Poor road conditions. Including construction zones, potholes, and narrow lanes.
- Aggressive driving. Such as tailgating, cutting off other drivers, or making sudden lane changes.
However, every accident is different, and you should talk to a lawyer, even if the reason for the accident is not on the list.
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Statute of Limitations for a Truck Accident
In New Jersey, the statute of limitations for a fatal truck accident is two years. However, it is important to mention that many circumstances can shorten timeframes. For instance, when the at-fault party is a government entity, victims should present a legal claim within 90 days of the accident.
The statute of limitations for wrongful death claims has strict deadlines, and any claim presented after the time expires will be dismissed. That is one of the reasons why surviving family members should talk to an attorney as soon as possible after their loved one’s wrongful death.
How Much Is a Fatal Truck Accident Case Worth?
Compensatory damages for a fatal truck accident are divided into economic damages and non-economic damages. Some claims can also recover punitive damages. However, that is a decision only a judge or jury can take, and only they can determine the amount.
However, your fatal truck accident lawyer can help you find evidence to claim economic damages, such as medical bills, rehabilitation therapy, funerary and burial costs, and any other expenses you faced because of the accident.
But your attorney can also help you calculate a proper amount for non-economic damages, such as the victim’s pain and suffering, loss of companionship or consortium, or the emotional trauma of losing a loved one.
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Do You Need a Truck Accident Wrongful Death Lawyer?
A wrongful death attorney can be particularly helpful after a fatal truck accident. Your lawyer can help you find out the cause of death, determine liability, and demand compensation for funerary and burial costs, but also the pain and suffering of your loved one during or after the incident.
A specialized legal firm can also help you recover the cost of medical bills, rehabilitation therapy, or any other medical-related cost your loved one incurred before passing away. And they can also help you recover compensation for your loved one property damage, for instance, when their car was totaled.
Find a Fatal Truck Accident Attorney in Paterson, NJ
Losing a family member in a fatal truck accident can devastate an entire family. But an experienced attorney can support them and help them recover the compensation they deserve to take care of medical bills and funerary costs.
A Morelli Law attorney can help you determine who is at fault for your loved one’s accident, and they can also help you navigate the legal process. Contact our Paterson offices today and receive an initial consultation free of charge, where we can talk about your accident and legal possibilities.