If you have lost a loved one in a fatal truck accident, you are not alone. You may be facing unexpected medical bills and funeral expenses. You may be experiencing financial stress because of the loss of your loved one’s household income. The Lexington attorneys at Morgan, Collins, Yeast & Salyer can help you understand the steps available to you to demand accountability from the people responsible for your loss.
Under Kentucky law, the survivors of those killed in accidents caused by others can pursue compensation from those who were at fault in the fatal accident. While no amount of money will replace your loved one, a wrongful death action may bring some sense of closure and much-needed financial support in the wake of your unanticipated loss. Contact Morgan, Collins, Yeast & Salyer to discuss your legal options with one of our Lexington fatal truck accident lawyers. Our attorneys have the Kentucky Courage to stand up to big trucking companies and their insurers after serious accidents.
The Role of a Fatal Truck Accident Lawyer in Lexington, KY
Wrongful death cases are difficult to pursue under any circumstances. Those arising from truck accidents are particularly complex because of the multiple entities involved in operating a commercial truck. The commercial truck driver, the trucking company, and the owner of the trailer may all have separate insurance coverage. A fatal truck accident lawyer can assume the responsibility of investigating the fatal truck accident on your behalf and pursuing the compensation you need.
The Importance of Hiring an Experienced Attorney
When seeking justice for your lost loved one, it is critical that you have an experienced wrongful death attorney representing you. When you choose Morgan, Collins, Yeast & Salyer to represent you, you will have a skilled legal advocate with the following attributes:
- Knowledge of the law – Learning the practice of law requires education and years of hands-on experience handling similar cases. Our Kentucky Courage attorneys have handled many wrongful death claims on behalf of grieving families in Lexington and across Kentucky. We know the law that governs wrongful death cases and can use our experience and knowledge to help you demand justice.
- Resources to conduct investigations – Truck accident cases require gathering evidence of negligence. It can be difficult to locate, secure, and evaluate on your own. Our experienced attorneys and staff know how to conduct thorough truck accident investigations and identify the evidence needed to build a wrongful death case.
- Negotiation skills – After gathering evidence to support your claim, our experienced attorneys can submit a demand letter to the appropriate insurance companies. We can negotiate with the insurers for maximum compensation.
- Courtroom experience – Our attorneys will be prepared to stand up for you in court if the insurance companies refuse to agree to a fair settlement. Our attorneys at Morgan, Collins, Yeast & Salyer are known for our Kentucky Courage in representing clients.
The Steps Involved in Pursuing a Wrongful Death Claim
A wrongful death case involves many steps, which our attorneys can guide you through from start to finish.
Confirm Eligibility
You must confirm you are eligible to pursue a wrongful death claim. In Kentucky law, a death is wrongful when it results from an injury inflicted by the negligence or wrongful act of another. Kentucky law allows the personal representative of the deceased person’s estate to file a wrongful death lawsuit. The personal representative is usually the spouse or another close relative. The court will name someone as the personal representative if the deceased did not do so in their will.
Determine Liable Party
Next, an attorney must investigate and determine which party acted negligently and is responsible for your loved one’s death. In fatal truck accidents, it could be any of the following entities:
- The truck driver – Truck driver errors cause the vast majority of fatal truck accidents. Examples of truck driver negligence include speeding, distracted driving, failing to obey traffic lights, drunk driving, and violating hours-of-service regulations.
- The trucking company – Trucking companies are responsible for the actions of their employees. A trucking company also could be directly liable if it failed to properly screen, train, or monitor an unsafe driver who caused a fatal collision.
- The truck manufacturer – If a truck malfunction causes an accident, the manufacturer of the component that malfunctioned could be liable for a resulting death. If a brake failure occurred due to a defective part, the truck or brake manufacturer could be responsible if the brake failure caused a wrongful death.
Send a Formal Demand Letter
Your lawyer will send a formal demand letter to the liable party or its insurance provider detailing your losses and how much compensation you need to be made financially whole. If the insurer disputes the claim, your attorney will try to negotiate with the insurer for a fair settlement. If the insurer refuses to agree to an acceptable settlement, your attorney can file a wrongful death lawsuit in the appropriate court.
The Types of Compensation that May Be Available to You
In a wrongful death claim, you may seek the following types of compensation:
- Funeral and monument expenses
- Loss of you loved one’s future income
- Medical bills incurred by your loved one before their death
Surviving spouses and minor children may also have claims for:
- Your and your family’s pain, suffering, and mental anguish
- Loss of household services your loved one would have provided
- Loss of consortium
- Loss of affection and companionship
Kentucky law outlines the following order in which survivors can receive compensation in the form of damages:
- Estate – The estate will first recoup funeral expenses, administrative costs, and attorneys’ fees. Surviving family members receive the remainder.
- Spouse – A surviving spouse without any children will receive the entire amount of remaining damages.
- Spouse with children – If a surviving spouse has children, the surviving spouse and surviving children will split the remaining damages equally.
- Children – If there is no surviving spouse, the surviving children will receive the remaining damages.
- Parents – If the decedent has no surviving spouse or children, the surviving parents will receive the remaining damages.
- Legal heirs – If the decedent has no surviving spouse, children, or parents, the estate will receive the damages and, after payment of expenses, distribute the remainder among the heirs named in the decedent’s will. If no will exists, the amount goes to the decedent’s heirs at law.
How Morgan, Collins, Yeast & Salyer Can Help You Through This Difficult Time
The fatal truck crash attorneys at Morgan, Collins, Yeast & Salyer have seen the chaos and suffering that fatal accidents can cause. We understand how difficult this time is for you and your family. Let our Lexington wrongful death attorneys demand the compensation you need to regain financial stability after the loss you’ve suffered. Contact us today to learn how our wrongful death lawyers can help you seek accountability and justice.
