Definition and Legal Grounds for Wrongful Death
A wrongful death claim is a civil lawsuit filed by the surviving family members or the estate of an individual who has died due to the negligent, reckless, or intentional actions of another party.
The primary legal ground for these claims is that the responsible party’s conduct directly led to the fatality. When wrongful death occurs it can lead to all kinds of injuries. the most common being a traumatic brain injury because of the collision.
In wrongful death cases involving tow trucks, this negligence could stem from an array of factors, such as improper driving, lack of maintenance, or failure to follow safety procedures.
Wrongful death is not restricted to accidents caused by individuals; it can also involve companies and government entities.
In the case of a tow truck accident, a wrongful death lawsuit may be filed against a tow truck operator, a towing company, or any other party whose actions contributed to the incident.
Tow Truck Accidents and Their Analysis:
Before we understand motor vehicle accidents resulting from a drunk driver or any other factor, we need to understand some common examples of such cases. It will help file and manage the wrongful death suit and get the best compensation from the trucking company or any other liable parties.
The compensation can include the medical expenses, the vehicle damage, and other related costs. On the other hand, a fatal incident in the case of a motorcycle accident could be just as big of a problem.
We see many cases where the family of a woman killed pursues the case and the family of the person who died gets good compensation. Let’s look at some of the most common tow trucking accident cases and their analysis.
1. The 2017 Fatal Tow Truck Accident in Michigan
In 2017, a fatal tow truck accident occurred in Michigan when a 55-year-old woman was killed in a collision with a tow truck while traveling on the highway.
The tow truck, which was in the process of retrieving a vehicle on the roadside, failed to use proper caution when pulling back into traffic.
The woman was pronounced dead at the scene, and the tow truck operator was cited for negligence. The woman’s family filed a wrongful death lawsuit against the tow truck company, arguing that their failure to follow safety protocols directly led to the accident.
- Source: Michigan Auto Law
2. The 2018 Tow Truck Accident in New York
In 2018, a fatal accident occurred when a tow truck driver failed to properly secure a vehicle towed on the back of the truck. As the truck traveled down the highway, the unsecured vehicle detached and struck oncoming traffic, causing multiple injuries and a fatality.
The family of the deceased filed a wrongful death lawsuit against the towing company, asserting that the tow truck operator’s failure to secure the vehicle caused the crash.
The case was settled for an undisclosed amount after the towing company agreed to take responsibility for the incident.
- Source: NBC New York
3. The 2020 Pennsylvania Tow Truck Accident
In Pennsylvania, a tow truck was involved in a tragic accident in which a 30-year-old pedestrian was killed while crossing the street.
The tow truck driver failed to stop at a red light and struck the pedestrian, resulting in severe injuries that led to the pedestrian’s death.
The family of the victim filed a wrongful death claim, citing the tow truck driver’s failure to adhere to traffic laws and operate the vehicle with reasonable care.
The court ultimately ruled in favor of the victim’s family, and the towing company was required to compensate for the victim’s funeral costs, medical bills, and pain and suffering.
- Source: The Morning Call
4. The 2016 Fatal Truck Accident in Texas
A tragic accident involving a tow truck occurred in Texas when a tow truck operator lost control while speeding around a bend. The truck veered off the road and collided with an oncoming vehicle, killing the driver and seriously injuring the passenger.
The tow truck operator was found to be negligent in speeding and failing to maintain control of the vehicle.
The family of the deceased filed a wrongful death lawsuit against the tow truck company, alleging that their failure to properly train drivers led to the fatal accident.
The lawsuit resulted in a settlement that provided for the victim’s family’s medical bills, emotional distress, and punitive damages.
- Source: Texas Lawyer
5. The 2019 Tow Truck Crash in California
In California, a tow truck accident led to the wrongful death of a 42-year-old man who was working near the side of the road. The tow truck operator failed to properly signal before changing lanes, resulting in a collision with another vehicle.
The victim was struck by the second vehicle, leading to fatal injuries. The victim’s family sued the tow truck company for negligence, claiming that the driver’s actions were directly responsible for the incident.
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The family was awarded compensation for medical bills, lost wages, and the pain and suffering caused by the loss.
- Source: Los Angeles Times
6. The 2018 Fatal Tow Truck Incident in Florida
In Florida, a tow truck was involved in a fatal accident when the driver made an unsafe lane change and caused a head-on collision. The victim, a 33-year-old woman, was killed instantly, and the tow truck driver was charged with reckless driving.
The victim’s family filed a wrongful death lawsuit against the towing company, arguing that the tow truck operator’s actions were grossly negligent and resulted in the fatality.
The case was settled for an undisclosed amount, and the towing company implemented additional safety measures for its drivers.
- Source: The Florida News Network
7. The 2015 Tow Truck Accident and Wrongful Death Lawsuit in New Jersey
In 2015, a tragic incident involving a tow truck occurred in New Jersey when a tow truck operator failed to yield to oncoming traffic while attempting to make a turn.
The tow truck collided with a passenger car, resulting in the death of a 47-year-old man who was sitting in the passenger seat.
The driver of the car sustained significant injuries. The deceased man’s family filed a wrongful death claim against the towing company, arguing that the tow truck operator’s failure to yield caused the accident.
The court awarded significant damages, including funeral expenses and compensation for the emotional distress suffered by the family.
- Source: The Star-Ledger
8. The 2021 Fatal Tow Truck Accident in Illinois
In Illinois, a fatal accident involving a tow truck occurred when the tow truck operator was making an illegal U-turn and collided with a sedan. The driver of the sedan died from the injuries sustained in the crash.
An investigation revealed that the tow truck operator did not have proper safety training, and the tow truck company was found to have failed in maintaining its vehicles.
The family of the deceased sued the tow company, claiming the accident was caused by the company’s negligence in training its drivers and maintaining the tow trucks.
he court awarded the victim’s family compensation for the loss of their loved one, as well as damages for their emotional suffering.
- Source: Chicago Tribune
Analyzing Tow Truck Accidents
Before you can think of insurance coverage, or getting compensation for the car accident, serious injuries, or if the person dies, you need to understand the analysis.
When a truck crashes, it can have various outcomes. The following are the common themes that emerge in tow truck accidents involving such cases:
1. Negligence of Tow Truck Operators:
Many of these accidents stem from the failure of tow truck operators to exercise due care. Whether it’s speeding, failure to signal, making an unsafe lane change, or improper vehicle loading, the actions of the tow truck operator are often central to determining fault.
2. Lack of Proper Training or Supervision:
In many of these cases, tow truck companies were found to have inadequate training programs or insufficient supervision of their operators. This highlights the importance of proper safety protocols for those in the towing industry.
3. Insufficient Vehicle Maintenance:
Several of the accidents involved mechanical failures, such as brake malfunctions or steering issues. Tow truck companies have a legal obligation to maintain their vehicles in good working order, and failure to do so can result in tragic accidents.
4. Wrongful Death Lawsuits:
In each of these cases, the families of the deceased filed wrongful death claims. These lawsuits seek compensation for economic and non-economic damages, including funeral costs, lost wages, emotional suffering, and in some cases, punitive damages.
Tow truck companies and their drivers can be held liable for such claims if their negligence directly caused the death.
For more detailed information on each of these cases, you can access the original sources referenced in the examples above, which provide insights into the specifics of the cases, including court decisions, legal arguments, and the ultimate outcomes.
If you need further information about any specific case or require help with a wrongful death case analysis, consulting with a personal injury attorney or a truck accident lawyer can provide clarity on the legal proceedings and potential avenues for compensation.
Tow Truck Incidents and Wrongful Death
Tow trucks are heavy vehicles that can cause significant damage and injury if involved in an accident. Tow truck operators are tasked with handling dangerous equipment, often in hazardous road conditions. When negligence or recklessness leads to a fatality, the consequences can be severe.
Tow truck accidents are often caused by:
1. Inadequate Vehicle Maintenance
If a tow truck is poorly maintained, it could suffer mechanical failures that lead to accidents. For instance, faulty brakes or a malfunctioning winch could result in a crash or death.
2. Driver Fatigue or Inattention
Like long-haul truck drivers, tow truck operators often work long hours, sometimes leading to fatigue. Tired drivers may fail to respond to hazards on the road, increasing the risk of accidents.
3. Improper Towing Procedures
Tow truck operators must ensure vehicles are securely fastened to avoid accidents. If a vehicle is improperly towed or not properly secured, it could break free, causing an accident.
Filing a Wrongful Death Lawsuit Claim
Whether you are a surviving spouse or a surviving parents, you need to know how to file suit for such cases. It can lead to a confidential settlement after establishing liability in court. However, there’s a process to it that you need to learn.
The Process of Filing a Wrongful Death Lawsuit
To file a wrongful death lawsuit, the surviving family members or the estate of the deceased must meet specific legal criteria. These include proving that the death resulted from another party’s negligence and establishing the appropriate damages.
The statute of limitations for wrongful death claims varies by state but typically ranges from 1 to 3 years from the date of death.
If a wrongful death lawsuit is not filed within this time frame, the family loses the right to pursue legal action.
Wrongful Death Lawsuit Investigation
An investigation into the circumstances of the death is essential to determine fault and gather evidence that supports the claim. This can involve:
- Gathering all physical evidence and witness statements.
- Consulting with accident reconstructionists and medical experts.
- Investigating the parties involved to assess their liability, including the tow truck operator and company.
Seeking Justice and Compensation For Tow Truck Accidents
Wrongful death cases, particularly those involving tow truck incidents, require careful investigation, expert testimony, and thorough documentation to establish liability and secure fair compensation for the family or estate of the deceased.
With the right legal guidance, it is possible to hold responsible parties accountable and recover the compensation necessary to cover financial damages, emotional distress, and other losses.
If you have lost a loved one due to the negligence of a tow truck driver or company, consider seeking the advice of an experienced wrongful death attorney to explore your legal options and pursue justice.
Contact Bourassa Law Group Today!
Whether you are seeking compensation for your son’s death, a woman’s death, or compensation from the insurance company, we have the expertise to help you out. We also have experience with dump truck accidents and cases where truck struck pedestrianises.
Our attorneys at Bourassa Law Group are trained in personal injury claims and can help you find the best compensation for your cases. We believe in bringing the liable parties into question and ensuring you get what you deserve.
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