A wrongful death legal action can be filed by loved ones when a person dies because of the negligent, reckless, or deliberate act of another.
A dump truck collided with a moving train causing fatal injury to the driver. Kentucky State Police reported that preliminary investigation revealed that the driver failed to yield to a CSX train traveling westbound as he entered the crossing area and was struck by the train. Surviving family members and loved ones may ask themselves “Where can I find attorneys near me?” when they need assistance recovering compensation to address untimely funeral and burial arrangements and negative financial impacts caused by the loss of the accident victim. When a truck and train accident occur, the National Transportation Safety Board (NTSB) may investigate the incident to determine if there was a malfunction at the crossing area that led to the fatal crash.
Railway responsibility impacts on wrongful death case
Surviving loved ones may be in a position to sue railroad companies for injuries and property damage caused by their negligence. All railroad companies, employees and railroad equipment manufacturers owe passengers and bystanders a duty of reasonable care. Depending on the nature of the accident, one or more of the following parties may be responsible:
- The railroad company,
- The train operator,
- The manufacturer of the train or train components,
- A government entity that owns or operates the railroad.
Truck accident deaths must be thoroughly investigated in Lexington especially when a train is involved. Seeking qualified Lexington truck accident lawyers directly after the accident is imperative for best outcomes with insurance claims and civil wrongful death cases.
Determination of fault
Negligence laws are established at the state level. Kentucky is a “pure comparative fault” state, and follows K.R.S. § 411.182, whereby damages between negligent parties in an injury claim are proportionate to their share of fault. Under a comparative fault system, the plaintiff’s negligence will not bar them from some type of recovery. The pure comparative fault rule allows a damaged party recovery even if the incident is 99% their fault.
Wrongful death lawsuit
A wrongful death legal action can be filed by loved ones when a person dies because of the negligent, reckless, or deliberate act of another. Damages in these lawsuits can include:
· Medical bills and burial expenses
· Compensation for lost wages (current and future)
· Compensation for the pain and suffering
** Punitive damages are not awarded in wrongful death actions in Kentucky.
Statute of limitations
Kentucky Revised Statutes sets the statute of limitations for most personal injury and accident lawsuits at one year to file a case in court for damage claims. Hiring a Lexington accident lawyer to assist with the burden of collecting and analyzing the data related to a deadly truck accident case is a prudent solution to this overwhelming task as they are skilled with trucking industry laws and civil procedure.
Hire a lawyer
Surviving loved ones of a fatally injured Lexington truck accident victim can take steps to minimize additional stress by hiring competent legal counsel who can work to access immediate funds to pay for funeral and burial costs, objectively speak on their behalf in a courtroom, or against an insurance company’s legal team, yielding a swift and fair monetary settlement after a tragic loss.