If you’re injured in a truck accident as a passenger, and the driver is deceased, you should call 911. This is important for two reasons. First, you’re required to notify law enforcement if anyone suffers serious injuries or passes away in a collision, per Florida Statutes § 316.066. Secondly, even if the person’s not responding, paramedics could still save their life.
After the accident, you should also consider the value of partnering with an injury lawyer. They can gather evidence to support your case and pursue damages from the negligent party.
What You Should Do After A Serious Truck Accident
The following considerations are just that: things you should consider after a fatal car accident. Your physical or mental state may prohibit you from doing certain things, and that’s okay. Your well-being is a top priority. That being said, you should try:
- Documenting the damage to your car. You could do this by taking pictures on your cellphone.
- Accepting assistance from emergency responders. By promptly accepting medical attention, you draw an immediate connection between your injuries and the collision.
- Giving the police an objective statement. Refrain from speculating about how the accident happened and who is liable. Only give information you can support with facts.
- Getting the names and contact information from any witnesses. Eyewitness testimony can support your case if you decide to file a claim later on. Eyewitnesses could include bystanders, first responders, and other passengers in the vehicle.
If you’re unable to do these things, don’t despair. A car accident attorney can manage your case’s many obligations.
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How An Attorney Can Help fter A Collision Causes Fatalities
Witnessing someone’s death in a car accident can prove traumatizing. During this challenging period, you deserve to focus on your mental health, spend time with family, and heal. In the meantime, a personal injury lawyer can:
- Investigate the collision. Through an independent investigation, they can gather evidence and speak to witnesses to prove liability. You need evidence if you wish to file a claim or lawsuit.
- Ensure you meet your state’s statute of limitations. Each state has a specific time limit outlining how long you have to file a civil lawsuit. Failure to comply with this deadline could invalidate your right to damages. Florida Statutes § 95.11(3)(a) notes that you generally have four years to sue.
- Negotiate with the liable insurer to reach a fair agreement. An attorney can file your claim and negotiate a fair deal with the liable insurance company. They can also protect you from bad faith insurance practices that aim to derail your case.
- Sue the at-fault party. While most truck accident claims get resolved through insurance settlements, that’s not always the case. Your lawyer may have to sue the at-fault party to recover what you deserve. This involves filing your lawsuit, presenting evidence, and adhering to courtroom protocol.
It may cost you nothing to hire a personal injury lawyer. That’s because many firms work on contingency. In this arrangement, you pay nothing out of pocket to retain legal help. Their attorney’s fees come from your settlement.
You Could Seek Damages After A Driver Loses Their Life In A Truck Accident
The damages you could seek through a claim or lawsuit largely depend on your situation. Compensable losses may comprise:
- Medical bills: You could seek compensation through an insurance claim or lawsuit for any medical care you had to pay for. These damages include the cost of emergency room care, ambulance transportation, doctor’s visits, and medications.
- Lost income: You could recover the earnings you lost during your recovery period. Examples include lost tips, bonuses, benefits, and commissions.
- Pain and suffering: Pain and suffering reflects the trauma of the accident. How much you can recover for this loss depends on many factors, including the collision’s severity and its aftermath. Florida is one of many states that does not limit how much you can seek for pain and suffering through an insurance claim.
- Emotional distress: Like pain and suffering, emotional distress doesn’t have an inherent monetary value. Still, you could seek compensation for the emotional issues the accident caused, such as anxiety, depression, or post-traumatic stress disorder.
- Wrongful death-related expenses. Your loved one could have passed away in the collision. While a settlement or court award can’t fully address your grief, it can account for funeral, burial, and memorial costs.
You could also recover the cost of anything you spent out of pocket. A lawyer can use your receipts, bills, invoices, and testimony to learn what you’re owed.
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Connect With Our Truck Accident Team After A Fatal Accident
Immediately after you sustain injuries in a truck accident with a deceased driver, you should consider your legal options. The Law Offices of Anidjar & Levine can represent you. We understand the law surrounding truck accidents and can do everything possible to recover compensation. Call now to begin a free case review.
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