If you or a family member are in a catastrophic truck accident in DC where someone passes away due to the negligence of a third party, it is imperative to speak with a DC fatal truck accident lawyer immediately. Navigating a fatal truck accident is a profoundly challenging experience. Not only is it difficult emotionally, but there are countless local and federal regulations to navigate. Several things must be done to pursue a fatal truck accident case successfully. First, an estate should be set up for the decedent. This will allow those meant to receive the decedent’s assets according to his last will and testament to recover against the defendant for damages sustained in the truck accident. This is a crucial step towards justice against the tortfeasor.
Next, a DC fatal truck accident lawyer must consider the various federal trucking regulations present in any truck accident case. There are ways to prove liability against a trucker that are not present in the typical car accident case. Remember, proving negligence requires proving that there was a breach of a duty owed by the defendant. With a trucker, there are more duties owed than there are by an everyday car driver. For example, a trucker may only drive a certain number of hours or miles daily. Additionally, a semi-truck must be maintained in a way that complies with federal regulations.
When there is a breach of any of these rules, there may be per se negligence. When per se negligence can be causally related to the fatality in your case, we have a viable claim to pursue against the defendant.
Understanding fatal DC truck accidents is a vital first step in recovery. The common causes of a deadly accident are often no different from those of any other truck accident. The primary differences are the weight difference between the two vehicles, speed, and the point of contact. For example, suppose a 25,000-pound, fully loaded semi-truck collides with a small coupe head-on. Naturally, that will carry far more risk of death or serious injury than a 10,000-pound, unloaded semi-truck colliding with a pick-up truck in a rear-end collision. As experienced DC truck accident lawyers, we have seen all truck accidents. In 2024, we have started to see fewer fatal accidents due to the advancements in safety technology available in vehicles. It is easier than ever to avoid blindspot accidents if you are in a car or even a semi-truck.
We also must understand how federal and local regulations affect truck accidents in DC. Unlike in cars, where a person can choose to drive across the country with zero sleep, truckers must comply with more stringent rules. The purpose of regulations restricting hours of service for truckers is to combat driver fatigue. Driving takes a lot of focus and mental energy. It takes even experienced drivers caffeine and energy to stay awake for a long road trip. But when you are doing it daily, it can be particularly draining. This is why regulators have stepped in.
There are also weight limits for trucks. If your DC fatal truck accident lawyer determines that a truck was overweight at the time of the fatal accident and that it may have contributed to the death in the case, that is an additional degree of negligence to consider.
As a family member of the victim, you may choose to pursue a wrongful death claim. Note that this is separate from the survival action sought by the decedent’s estate. However, these two claims work together and can be filed by the same attorney. First, who of the decedent’s family members may file a wrongful death claim? In Washington, D.C., the spouse, parent, or child of the decedent may recover in a DC fatal truck accident. However, there are still qualifications. The death must have occurred in Washington, D.C. Also, the death must have resulted in financial damages to the claimant. Then, the damages the claimant may recover include, but are not limited to, funeral and burial costs, loss of future income, and loss of companionship.
A fatal truck accident is a terrible thing for a family to go through. Please do not go through it alone. Contact a DC fatal truck accident lawyer today to ensure you have help navigating this process.
Additionally, the decedent’s estate should pursue a survival action. A survival action is pursued under DC statute to compensate the estate. Under common law, the decedent’s right to recover passes when their life ends. However, DC has a statute that allows the right to recover to survive the death of the victim. The statute is not perfect, but it does allow for damages to be recovered after an act of negligence takes the life of your loved one. This is vital as no tortfeasor should be allowed to negligently kill anyone without justice being served. For many negligent acts, there are no criminal repercussions. While a negligence action is not meant to punish the defendant, it does compensate you for your damages because of the negligence.
A DC fatal truck accident lawyer is indispensable in guiding a family through the wake of a deadly accident. As this is a devastating and unimaginable loss for your family, you may be reeling emotionally and unsure of your next steps. This is a normal and understandable reaction. However, steps need to be taken to preserve your right to recover. You should focus on mourning and eventually moving forward emotionally. The last thing you should worry about is thoroughly combing through the fine details of a death case. We will investigate your case, analyze the police report, consult with accident reconstruction experts, speak with eyewitnesses, and gather evidence such as security footage from nearby businesses or traffic cameras. Time is of the essence in these matters. Consult with an experienced attorney as soon as possible.
Gelb & Gelb was founded in 1954. Since then, we have handled thousands of truck accident cases. Unfortunately, many of those cases involved fatalities. But with that experience, we are well-positioned with a comprehensive understanding of the process. From setting up an estate to maximizing the coverage from the insurer, we will fight to win you as much compensation as you deserve.
With 70 years of experience, we understand what a case is worth. Most cases are settled outside of court. Even if we file a lawsuit and have a court date, we may still settle outside court. When this happens, it is imperative to have a thorough understanding of how to value a case. Outside of court, we do not have a jury to give us numbers after we present our case. Instead, the insurance company will make us a settlement offer, which will be terrible. Your DC fatal truck accident lawyer must understand what your case is worth and fight to ensure you get that amount offered.
If you or a family member are in a deadly accident in DC, contact a DC fatal truck accident attorney immediately. Our trusted attorneys offer free consultations at (202) 331-7227.