The loss of a loved one is always a tragic affair. The loss of a loved one in an avoidable truck accident is devastating. If your loved one died in a collision caused by a negligent truck driver, you may be seeking justice. You may also be dealing with the financial burden caused by your sudden and unexpected loss. A wrongful death lawsuit may help you recover monetary compensation for your losses while simultaneously holding the at-fault parties accountable for the tragic outcome. Read on to learn about bringing an Illinois wrongful death lawsuit after losing a family member in a fatal truck crash.
Truck Collisions Caused by Negligence
Illinois law states that a wrongful death occurs when a death is caused by wrongful or negligent actions and, had the victim survived his or her injuries, he or she would have had the right to bring a legal action for damages. Negligence refers to a party’s failure to act as a reasonably prudent person would have acted in a similar situation. For example, a truck driver may act negligently by continuing to drive even though he or she is much too sleepy to drive safely. A trucking company may act negligently by allowing truck drivers to violate the Federal Motor Carrier Safety Administration’s (FMCSA) rules regarding rest breaks and consecutive driving hours. Other examples of truck driver or trucking company negligence may include:
Failing to ensure that truck freight is loaded and secured properly...