Families who have lost a loved one unexpectedly due to the negligence of another party in a motor vehicle or truck accident may be able to file a legal action for damages against the negligent party. About nine individuals die every day as a result of a distracted driver accident according to data from the Center for Disease Control and Prevention.
Businesses that employ commercial drivers must train them to control their motor vehicles in order to avoid collisions. Distracted driving, however, could cause commercial drivers to take their attention away from the road. If the distraction results in a wrongful death, the driver’s employer could face liability for that employee’s failure to be focused and control the vehicle they are driving.
EVIDENCE COULD SHOW IF A DISTRACTION CAUSED THE ACCIDENT
The accident report put together by law enforcement could provide details which outline the cause of a motor vehicle accident. Footage from available surveillance cameras and the testimony of eyewitnesses could be considered evidence to help reconstruct how the accident actually occurred.
The court could order cell phone records of the vehicle’s driver. These records could provide insight into whether the driver read or sent a text message or email right before the accident occurred. Mobile cell phone records could include the length of the call and timestamps. This information could coincide with a timestamp on any available camera footage or even the electronic tracking system in a tractor trailer.
LEGAL ACTION COULD GIVE YOUR FAMILY CLOSURE
Legal action could provide your grieving family with closure from the incident so you can begin to move forward after the catastrophic and tragic event. Insurance companies and their representatives may try to get you to settle quickly, but as surviving relatives you have the right to hold the driver and their employer liable for their loss.
If your loved one was involved in a tragic accident, you need the help of an experienced personal injury attorney to help navigate the legal system. You need to contact Hardee, Massey & Blodgett.
The court could award compensation for the financial loss of the provider’s income, absence of a spouse or a parent’s companionship and burial expenses, therefore it is important that you know your rights before settling with an insurance company.