Semi-truck accidents are among the most deadly types of accidents to occur nationwide, and in a major transportation hub like Chicago, these types of tragic accidents happen far too often. For surviving family members, the initial trauma of these events is only the beginning. In the weeks and months that follow, many families are met with mounting bills and uncertainty about what comes next.
When a fatal accident is caused by someone else’s negligence, families have the right to pursue compensation for the harm they’ve suffered; however, doing so can be a challenging process that requires the help of an attorney.
What Qualifies as a Wrongful Death After a Chicago Truck Accident?
Under Illinois law, a wrongful death occurs when a person dies as a result of another party’s neglect or illegal action. There are many scenarios that may define a wrongful death following a semi-truck accident, including:
- A truck driver who was intoxicated, speeding, distracted, or fatigued.
- A mechanical failure, such as a tire blowout or brake malfunction, that caused the truck driver to lose control of the vehicle.
- Improper maintenance that contributed to a truck driver’s inability to operate their truck responsibly.
- Negligent cargo loading that caused unequal weight distribution.
- Company-wide negligence that facilitated unsafe driving practices or a lack of training.
In these scenarios, the personal representative of the victim’s estate has the right to file a wrongful death claim against the responsible party on behalf of surviving family members. A successful claim can help ease the financial burden on surviving family members while also acknowledging the emotional impact of their loss.
What Compensation Can Families Recover in a Wrongful Death Claim?
In a wrongful death claim, compensation is typically categorized into two distinct categories:
Economic Losses
Economic damages are losses that have a clear financial value. These may include funeral and burial expenses, and the loss of income if the deceased loved one contributed to the family’s income. Additionally, in many cases, a fatal commercial truck accident will not immediately result in the victim’s death. Rather, the victim may be hospitalized for weeks, months, or even longer before passing away due to their truck accident injuries. If the victim leaves behind medical debt following their accident, the family may also be able to recover compensation to address it.
Non-Economic Losses
The other category of damages common in these cases is non-economic damages. This category may include the loss of companionship and emotional support, emotional trauma, anxiety, depression, and PTSD. These differ from economic damages in that they don’t typically have a measurable financial value, but nonetheless, are no less significant than economic damages.
Why Fatal Semi-Truck Accidents Are Legally Complex
Many people assume that semi-truck accidents are the same as car accidents when it comes to wrongful death claims. Sadly, that is almost never the case. Unlike car accident claims, where liability falls on one or two drivers, semi-truck wrongful death claims have a wide range of potential liable parties. Depending on the circumstances of the accident, this may include the trucking company, the vehicle manufacturer, the cargo loading companies, maintenance providers, the truck driver themselves, or even a combination of multiple parties.
Secondly, wrongful death claims, regardless of the scenario, are much higher stakes. This is because they often have the potential for large settlements. As a result, defendants and insurers often aggressively dispute claims, which can make it more difficult for families to recover what they are rightfully owed.
How Do You Win a Wrongful Death Case?
Another uniquely challenging aspect of semi-truck wrongful death claims is the level of evidence needed to build a successful case. To identify possible liable parties and prove that negligence or a breach of protocol played a role in the wrongful death, the victim’s family and their lawyer may need to recover and investigate:
- Black box data, which provides information on speed, braking, and other vehicle operations that took place at the time of the crash
- Accident reports and evidence located at the scene
- Driver logs and hours-of-service records
- Maintenance and inspection records
- Surveillance and dashcam footage
Sourcing evidence in semi-truck accidents is often a rigorous process that may require filing multiple subpoenas and other paperwork, and interviewing experts and eyewitnesses. Once this evidence is compiled, there’s also the matter of analyzing it to determine if laws, regulations, or safety protocols were violated, which demands an intimate working knowledge of both state and federal trucking regulations as well as personal injury law.
Why Working With a Chicago Wrongful Death Lawyer Matters After a Fatal Truck Crash
After a fatal truck accident, having the right legal representation is about more than handling paperwork; it’s about having someone who can step in, take control of the situation, and protect your family’s interests when you are most vulnerable.
A wrongful death lawyer can manage every aspect of the claim, from investigating the crash and identifying liable parties to handling communication with insurers and opposing counsel. This allows families to focus on grieving and supporting one another instead of dealing with complex legal demands.
At the same time, an attorney serves as an advocate, someone who understands the full scope of what your loss represents and fights to ensure that it is taken seriously. This includes pursuing compensation that reflects not only financial losses, but also the emotional impact and long-term effects of losing a loved one.
In cases involving powerful trucking companies and insurers, having someone who is prepared to stand firm, push back against low settlement offers, and, if necessary, take the case to court can make a meaningful difference in the outcome.
If You Lost a Loved One Due to Someone Else’s Negligence, Contact Our Wrongful Death Lawyers in Chicago
The sudden hardships that follow a fatal semi-truck accident cannot be overstated. Families who have survived such an event not only grieve the loss of their loved one but are often faced with medical debt and loss of financial and emotional support. Sadly, many families hesitate when considering a wrongful death lawsuit, but while these cases can be complex, they can also offer meaningful resources to those who need them most.
If you’ve lost a family member to a tragic semi-truck accident, Power Rogers is here to help you through this journey. Our wrongful death attorneys can help walk you through your legal options and guide you to the best path forward. Contact us today for a free consultation.
