What To Do If a Loved One Is Killed by a Reckless Truck Driver
The best legal basis for winning compensation in a truck accident is truck driver negligence. To prove a driver’s negligence, the plaintiff’s lawyer must show that the driver failed to exercise a reasonable duty of care, which caused the plaintiff’s death.
How Do I Prove A Reckless Truck Driver Killed My Loved One?
The first step to proving a reckless truck driver caused or contributed to the death of your loved one is enlisting the help of an experienced attorney who is familiar with North Carolina traffic laws.
A strong attorney will look at photos of the accident, talk to witnesses, and examine police reports to determine whose negligence caused the accident.
Next, to prove negligence, the attorney must prove three points:
- The driver was legally required to be reasonably careful in the particular situation
- The driver was not reasonably careful;
- The driver’s conduct caused the death of your loved one.
What Is Driver Negligence?
To prove negligence, your legal team will need to establish the truck driver’s careless conduct caused the death of your loved one.
If the truck driver did something behind the wheel that he or she should not have done, such as running a red light or speeding, or by failing to do something such as failing to yield or not stopping for a pedestrian, they would be found negligent.
The truck driver also must use reasonable care to avoid injuring other motorists, passengers, or pedestrians. If a driver is not reasonably careful and someone dies, the driver can be financially liable for that person’s death.
Will Contributory Negligence Hurt My Case Even If The Truck Driver Was At Fault?
North Carolina enforces a rare rule — “contributory negligence,” or “shared fault.” Under this rule, if you’re in a car accident, even if the collision was 99 percent the other driver’s fault, you are not entitled to any damages if you contributed even one percent.
In regards to truck accidents, to prove the truck driver truly was driving recklessly, we’ll have to investigate to ensure your loved one was not driving in a “No-Zones” or blind spots behind or beside big trucks. If they were merging improperly into traffic, passing trucks in an unsafe manner, or maneuvering to the right side of a truck about to make a right turn, it can hurt the case.
What Should I Do If My Loved One Was Killed By A Reckless Truck Driver?
If your loved one died as a result of a truck driver’s recklessness, call Hyland & Padilla’s law offices right away, as North Carolina enforces a statute of limitations on traffic death lawsuits of two years to file a wrongful death claim. The statute of limitation’s clock starts on the day of your loved one’s death — not the day of the accident, if those two dates differ.
We have experience investigating these accidents and can help your family win damages for loss of earnings, pay for the funeral, and compensation for pain and suffering.