If you have a loved one whose death was caused by a truck accident, you or another family member might be entitled to compensation. These cases are often complex because there might be more than one at-fault party. Sometimes it is necessary to seek punitive damages from several sources. These cases are referred to as wrongful death cases, and there might be several negligent parties identified. Trucking companies have a duty to make sure that their drivers are safe on the roadways. If they allow drivers to drive long distances without taking rest stops, their actions or lack thereof could be viewed as negligent.

The following points identify points to keep in mind if you want to file a wrongful death lawsuit.

Relationship to Decedent

The first thing that must be established is the closest relative to the decedent. If the individual was married, their spouse would be considered closest of kin. If there is not a spouse, the next familial link would be identifying surviving children. Parents of the decedent would be the next familial tie if there are not any children or a spouse. Wrongful death claims are filed to provide compensation to family members who suffered a loss as the result of the decedent's death. The loss could be a financial loss as well as the loss of companionship. However, there must be a familial bond.

Multiple Familial Bonds

Sometimes there will be multiple family members who suffer a loss. For example, an individual might have a spouse, children, and an elderly parent who depended on them for support. Despite several family members being impacted by the tragic loss, there can only be one wrongful death case filed for the incident. So this one case will be filed on behalf of the family. If there are multiple children with different parents, the case filed can be filed to ensure that all children receive a fair share of the settlement. 

The Accident

To collect on a wrongful death claim, negligence must be established. There will need to be a variety of investigations. The logbook of the driver will play an important role. Determining what caused the accident will also be important. Sometimes it is a matter of driver error or issues such as speeding or improper truck loading. Another issue could be related to the mechanical maintenance of the semi-truck.

A truck accident attorney is a good resource to use to learn more about wrongful death lawsuits pertaining to semi-trucks. They can assist with gathering information about the accident. If a settlement offer is made, they can determine if it is fair or negotiate it.