Yes,
in 2025, families of victims killed in a truck wreck can generally sue for
damages by filing a wrongful death lawsuit. These lawsuits aim to
provide financial compensation for both economic and non-economic losses
suffered by the surviving family members due to the death caused by another
party's negligence.
Who
Can Sue?
Eligibility
to file a wrongful death claim is determined by state law and typically follows
a specific order of priority:
The surviving
spouse usually has the first right to file the claim.
If
there is no spouse, the surviving children (including minors and
adopted children) may file.
If
there are no surviving children, the deceased person's parents can
pursue the claim.
If none of the above are available, the personal representative or administrator of the deceased's estate can bring the claim on behalf of the next of kin.
Types
of Damages Recoverable
Families may be entitled to a range of damages, which can include:
Economic
Damages:
Medical
expenses incurred before death.
Funeral
and burial costs.
Loss
of the deceased's future income and benefits (including potential raises,
retirement, and insurance).
Loss
of inheritance for the children.
Loss of household services (e.g., childcare, maintenance) the deceased would have provided.
Non-Economic
Damages:
Loss
of companionship, love, affection, comfort, and moral support.
Loss
of guidance, care, and nurture (especially for children).
Mental
anguish and emotional distress suffered by the family members.
The value of the deceased person's life, as determined by an impartial jury in some states.
Punitive Damages: These may be awarded in cases where the trucking company or driver acted with extreme or gross negligence (e.g., driving under the influence, violating federal safety regulations), serving as a punishment and deterrent.
Key Legal Considerations
Statute of Limitations: There is a strict time limit (typically two years from the date of death in many states, including Georgia) to file a wrongful death lawsuit.
Proving Negligence: To succeed, families must prove that the defendant's (driver, trucking company, manufacturer, etc.) negligence directly caused the fatal accident.
Multiple
Liable Parties: Unlike car accidents, truck crashes often involve multiple
potentially liable parties, which can include the driver, the trucking company,
the cargo loader, or a parts manufacturer.
Given
the complexities of federal trucking regulations and state laws, consulting
with a specialized attorney is crucial to ensure all rights are protected and
all possible sources of compensation are identified.
Fatal
Truck Accident Lawyers in Atlanta | Fried Goldberg LLC
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Yes, in 2025, families of victims killed in a truck wreck can generally file a wrongful death lawsuit to sue for damages, provided the death was caused by the negligence of another party (e.g., the truck driver, the trucking company, or a manufacturer of a defective part).
Who
Can File a Claim
State laws determine who has the legal standing to file a wrongful death claim. Generally, the right to sue follows a specific hierarchy:
Surviving spouse: The spouse usually has the primary right to file the claim.
Surviving children: If there is no surviving spouse, the children of the deceased can file the lawsuit. If there are children and a spouse, they may share in the recovery.
Surviving parents: If the deceased had no spouse or children, the parents can bring the claim.
Personal representative of the estate: If no immediate family members are available, the executor or administrator of the deceased's estate may file the claim on behalf of the next of kin.
Types
of Damages
Families may be eligible to recover both economic and non-economic damages to help cope with the financial and emotional burden of their loss. These can include:
Economic
Damages:
Medical
expenses incurred before death.
Funeral
and burial costs.
Loss
of the deceased's future income and earning potential.
Loss
of benefits (e.g., health insurance).
Loss of household services the deceased provided.
Non-Economic
Damages:
Loss
of companionship, comfort, and moral support.
Loss
of parental guidance and nurturing for children.
Mental
anguish and emotional distress suffered by the family members.
The pain and suffering the victim experienced from the time of injury until death (often through a separate "survival action").
Punitive Damages: In cases of gross negligence or reckless misconduct (such as a driver under the influence or a company pressuring drivers to violate safety regulations), courts may award punitive damages to punish the at-fault party and deter future wrongdoing.
Important Considerations
Statute of Limitations: There are strict deadlines, known as statutes of limitations, for filing a wrongful death lawsuit. In many states, this is typically two years from the date of the victim's death.
Proving Negligence: To succeed, the family must prove that the defendant's negligence directly caused the fatal accident.
Multiple
Liable Parties: Truck accident cases can be complex, involving multiple
potentially liable parties beyond just the driver, such as the trucking
company, cargo loaders, or parts manufacturers.
Consulting with an experienced wrongful death attorney is crucial to understand specific state laws, identify all liable parties, and ensure all filings are completed correctly and on time.
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Comments
The families of victims from the multiple 18-wheel truck crashes can sue multiple entities including the trucking companies who hired Illegals who couldn’t read English to follow traffic signs. They can also sue the States and Government Entities who issued Commercial Drivers’ Licenses to these Illegals.
Norb Leahy, Dunwoody GA Tea Party Leader
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