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Losing a loved one due to a truck accident is an incredibly painful and challenging experience. While no amount of money can truly alleviate the grief and emotional distress that follows, securing a fair settlement or favorable verdict can help provide financial stability for the surviving family members. If your loved one has passed away as a result of a truck accident, it’s important to consult with a personal injury lawyer in Evansville who specializes in wrongful death claims to discuss your options.
Here’s a breakdown of what you need to know about pursuing a wrongful death claim following a fatal truck accident, and how settlement amounts are calculated.
Truck Accident Statistics Are Alarming
Truck accidents are some of the most devastating types of collisions on the road. In 2023, large trucks were involved in over 4,900 accidents across Indiana, with more than 1,600 people suffering serious injuries, and tragically, 118 lives lost.
Large trucks, especially when fully loaded, can weigh more than 40 tons—significantly more than an average car, which weighs around 3,000 pounds. This stark difference in size and weight means that when a truck collides with a passenger vehicle, the results can be catastrophic.
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Who May Be Liable for a Truck Accident Fatality?
Determining who is responsible for a truck accident that results in a wrongful death can be complex. If the truck driver is at fault, the company that owns the truck—or other related parties such as a leasing company or cargo handler—may also share responsibility.
Liability can be especially tricky when multiple factors, such as improper maintenance, defective equipment, or improperly loaded cargo, are involved. In these cases, several parties may be held accountable.
Vicarious Liability in Truck Accidents
One of the key legal concepts in truck accident cases is vicarious liability. This principle holds an employer responsible for the actions of their employee when those actions occur within the scope of the job.
In truck accidents, this means that if the driver was employed by a trucking company, the company may be held responsible for the driver’s negligence. However, vicarious liability doesn’t apply when the driver is an independent contractor.
A truck accident lawyer can help you determine who may be held liable for the accident and the wrongful death of your loved one, whether it’s the driver, the trucking company, or another party.
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Who Can File a Wrongful Death Claim?
In Indiana, only the representative of the deceased’s estate can file a wrongful death claim if the deceased was an adult. This person may be named in the decedent’s will as the executor or, if no will exists, appointed by the court. Commonly, this may be a spouse, adult child, or close relative.
If a child dies as a result of a truck accident, the parents may bring the wrongful death claim. If the parents are divorced, the custodial parent typically has the right to file the claim.
A personal injury lawyer in Evansville can help ensure that the right person is filing the claim and help identify all potential sources of compensation.
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How Are Settlement Amounts Calculated?
In wrongful death cases, the amount of compensation sought is typically calculated by adding economic and non-economic damages.
Economic damages are the financial losses associated with the death, such as:
- Medical expenses prior to the passing
- Funeral and burial costs
- Lost wages (both past and future) for the deceased
Non-economic damages address the intangible losses and include:
- Emotional distress
- Pain and suffering
- Loss of companionship and loss of consortium
The value of these damages can vary widely based on the circumstances of the case, and past similar cases can provide an estimate for what a wrongful death settlement might look like. However, when the case goes to trial, the jury will decide the final amount based on their findings.
Indiana law imposes some caps on wrongful death settlements:
- $700,000 cap when the wrongful death was caused by the negligence of a government employee or agency.
$300,000 cap for loss of love and companionship if the decedent had no spouse or dependent children.
Expert testimony, such as from financial professionals, medical specialists, or vocational experts, can also play a key role in determining the amount of compensation.
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How Long Do You Have to File a Wrongful Death Claim?
Indiana has a statute of limitations that generally provides two years from the date of death to file a wrongful death lawsuit. However, it’s critical not to wait too long to consult with a wrongful death attorney. The sooner you take action, the better your chances of preserving vital evidence, gathering witness statements, and building a strong case.
Why You Need an Experienced Truck Accident Lawyer
The team at Christie Farrell Lee & Bell understands the challenges and emotional toll that comes with the wrongful death of a loved one in a truck accident. Our experienced truck accident lawyers in Evansville are here to guide you through the complex process of pursuing a wrongful death claim.
With over 30 years of experience handling personal injury and wrongful death cases, we are dedicated to advocating for the rights of families who have lost loved ones due to negligence. Our legal team has a proven track record of securing favorable settlements and verdicts for our clients. If your family has been impacted by a tragic truck accident, we are here to help.
Our first consultation is free, and we operate on a contingency fee basis—meaning you won’t owe any fees unless we recover compensation for you.
Contact Christie Farrell Lee & Bell today to schedule your no-cost case evaluation. Let us help you pursue the justice and compensation you deserve.
Call 317-488-5500 or complete a Free Case Evaluation form