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18-wheelers and box trucks are massive vehicles. Even the smallest accident with one can result in severe injury, and in some cases, death. Losing a loved one in a truck accident is a life-altering event.
No amount of monetary compensation can ease the pain of losing a loved one, but it can help with the expenses associated with the accident. If the negligence of another person caused the death of your loved one, that individual should be brought to justice.
Ciccarelli Law Offices has decades of experience helping families with wrongful death cases in southeastern Pennsylvania. We understand what you are going through and we will be with you every step of the way.
Ciccarelli Law Offices will make sure the responsible party is held accountable for your loved one’s death. We know the last thing you want to deal with is a lawsuit. But the person responsible for your loved one’s death needs to be brought to justice.
To schedule a free case consultation with Ciccarelli Law Offices, call (610) 719-3190 or submit your information in the online contact form. We assist clients with wrongful death claims in counties that include Chester County, Lancaster County, Delaware County, Philadelphia County and Montgomery County.
Determining who is liable is the biggest issue in a fatal truck accident. The commercial trucking business is a large and complex operation. This makes it confusing to determine who is responsible for the cause of your loved one’s death. Some of the parties that could be held liable for the fatal accident include:
It’s not uncommon for the parties listed above and their insurance company to make the process more complicated. They will often point fingers and cast blame on the victim of the accident. We understand how troubling this can be. This is why it’s best to contact an attorney experienced with fatal truck accidents.
There are numerous sources of evidence that can be used to determine who is liable for the death of your loved one. Some of this evidence can be gathered from the following:
The state’s wrongful death laws are used to shift the blame from the victim of the accident to the wrongdoer. For a wrongful death claim to be valid, the action that resulted in your loved one’s death has to be an action that could support a personal injury claim. In this instance, yes, the death of your loved one in a commercial truck accident is enough to file a wrongful death claim in Pennsylvania.
Ultimately, a wrongful death suit is the same as a personal injury claim except the injured individual is not able to file suit. Instead, someone else must file the claim and seek compensation for the loses related to the death.
A wrongful death suit can be filed by the personal representative of the victim’s estate or will. The claim is brought to court on behalf of the beneficiaries. Only certain people are able to benefit from a wrongful death claim. These people include a spouse, children of parents of the victim.
Wrongful death suits are awarded only in terms of monetary damages. If your claim is successful, you could receive compensation for the following damages:
There is a statue of limitation on the amount of time you have to file a wrongful death claim in court. In Pennsylvania, the claim must be filed within two years from the date of the victim’s death. If you fail to file within two years, your case will not be heard.
The commercial trucking industry is a heavily regulated business. To ensure the safety of those on the road, Pennsylvania law requires commercial truckers and commercial trucking companies to abide by countless laws.
Laws that govern commercial trucks can be found in chapter 16 of the Pennsylvania Statutes. Some of the laws and regulations found in this chapter include the following:
The Federal Motor Carrier Safety Administration also sets performance requirements and standards for commercial trucks in the United States. Some of the regulations set by the FMCSA include break requirements, cargo regulations and emergency equipment.
Under section 393.40 of FMCSA code, all commercial motor vehicles are required to have breaks adequate enough to stop and hold the vehicle. They are also expected to meet certain service, parking and emergency brake system requirements under this section.
Commercial trucks are required to meet minimum performance criteria for cargo in their vehicles. To ensure all cargo is secure, the FMCSA requires tie down assemblies such as chains, wire rope or steel strapping to be designed, installed and maintained to ensure the forces acting on the assemblies do not exceed breaking strength.
FMCSA Commercial Truck Regulations- View a complete list of the parts and accessories necessary for a commercial truck to operate safely. You can learn more about fuel system requirements, protection against shifting and falling cargo and brake requirements.
Wrongful Death | Pennsylvania Statutes- Visit the Pennsylvania General Assembly website to read the full text of the statute that governs wrongful death claims in the state. You can learn about the states general rule for such cases, who can benefit from a wrongful death case and special damages.
Ciccarelli Law Offices knows that no amount of monetary compensation can bring back your loved one, but the individual who cased their death should be held responsible for their actions. You are not alone. Ciccarelli Law Offices will guide you through the process and ensure that you receive adequate compensation.
Schedule a time to speak with us about your case. We can be reached at (610) 719-3190 or by submitting your information in the online contact form. We assist clients with wrongful death cases in areas that include West Chester, Philadelphia, Kennett Square, Springfield, Malvern, King of Prussia, Radnor, Plymouth Meeting and many more.