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Oakland Personal Injury Lawyer / Blog / Personal Injury / Family of Truck Driver Files Wrongful Death Against Other Trucking Company After Fatal Accident

Family of Truck Driver Files Wrongful Death Against Other Trucking Company After Fatal Accident

WrongfulDeath

A truck accident in Georgia left one trucker dead and another seriously injured. Now, the family of the deceased truck driver has filed a wrongful death lawsuit just a month after the crash. According to the accident report, the decedent was killed when he was t-boned by another truck driver, authorities said at the time of the crash. The lawsuit alleges that the other truck driver, who was from California, had a history of operating his vehicle recklessly. At the time of the accident, it is believed that he blew through a stop sign, causing the t-bone accident.

“WRCH Transport was aware or should have been aware that [the defendant’s] propensity to operate a commercial motor vehicle in a negligent or reckless or otherwise unsafe manner, such that he was not suited for the particular employment,” the lawsuit reads. The defendant truck driver was at an intersection when he flew through a stop sign and slammed into the truck that the decedent was driving. At the moment of impact, the truck erupted into flames. The decedent burned to death as a result of the accident.

Elements of negligence 

The plaintiffs contend that the accident was the fault of the defendant truck driver who failed to stop at a stop sign and struck the decedent’s vehicle. They further contend that this particular truck driver had a history of negligence in operating his vehicle. They believe that the company that employed him was negligent for hiring and retaining him as an employee. They believe that the company exposed the public to danger and it tragically resulted in the death of another truck driver.

Damages 

In a wrongful death lawsuit, you can recover damages not only for your own emotional grief (pain and suffering damages) but for the pain and suffering the decedent experienced during their death. In this case, the decedent was apparently able to get out of the truck but was engulfed in flames after the impact. The family will be able to recover damages related to the decedent’s pain and suffering which is considerable since he burned to death.

The family will also be able to recover damages for the lack of financial support that their loved one provided them. The family will be compensated for the economic instability that the death has caused to their family.

In addition, the family will be able to recover damages related to their emotional grief and the loss of companionship they experienced as a result of their loved one’s death.

Talk to an Oakland, CA Truck Accident Lawyer Today 

Have you been injured in an accident with a large commercial truck? If so, you may be entitled to damages. Call the Oakland personal injury lawyers at Venardi Zurada today to schedule an appointment, and learn more about how we can help.

Source:

13wmaz.com/article/news/local/milledgeville/family-sues-man-burned-death-wilkinson-county-truck-crash/93-8574cea3-d484-4e6b-84ea-446621ca13e2

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