When a truck or tractor-trailer strikes a car, the collision is too often fatal due to the large size of a truck. When fatal truck accidents occur, the responsible truck driver may attempt to claim that the deceased was at fault for the accident. While other witnesses may have observed the crash, the victim is not alive to directly counter a truck driver’s version of events. However, an experienced personal injury attorney can work with clients in developing a strong case theory to argue that the deceased was not at fault.
For example, a news article reported that a man died in a recent Baltimore, Maryland truck accident. The victim was driving near the intersection of I-95 South when a tractor-trailer struck the rear end of his vehicle. Sadly, the man died at the scene. A passenger in the car was transported to the hospital to receive treatment for his injuries.
Can You Bring a Wrongful Death Action After a Fatal Virginia Truck Accident?
If your loved one has died in a Virginia truck accident, you can bring a wrongful death action to recover damages against the responsible driver. The intent behind a wrongful death action is to prevent a negligent driver from escaping liability just because the victim has died. Therefore, to prevail on a wrongful death claim, the deceased’s personal representative bringing the suit must prove the required elements of negligence that the deceased would need to prove if they had survived. To hold a truck driver liable for damages, the plaintiff must prove it is more than 50% likely that the truck driver owed the deceased victim a duty of care, that their negligent action or inaction violated that duty and caused the fatal accident and that the victim died as a consequence of the truck driver’s negligence.