Fatal truck accidents can often lead to lawsuits filed by the deceased’s loved ones. This may be the case coming up with the family of one 24-year-old Texas man, who was killed earlier this year in a truck accident after a truck driver allegedly crashed into the man’s car. The man’s parents are filing a wrongful death suit against the truck driver, as well as the trucking company who employed the driver.
The accident occurred when the truck driver pulled out of a truck stop along US 59 and stopped to wait for traffic to pass. The trailer attached to the truck was blocking the northbound lanes when the man had no choice but to crash into the left side of the trailer. The man was killed and the parents are suing for wrongful death and survival damages.
The driver is accused of negligently blocking the lanes and failure to operate his vehicle properly. He is also accused of not properly looking out for the man’s safety. The lawsuit claims that he may not have been paying close attention when driving, and that his negligence may have caused the man’s death.
The suit will cover damages for pain and suffering, termination of a parent-child relationship and mental distress, along with other expenses. In wrongful death suits, damages can cover expenses such as funeral costs, court costs, loss of inheritance and loss of financial support. When a child dies, parents may not recover much because there is only a small amount of pecuniary or financial loss. The younger the child is, the more difficult it is for courts to determine the pecuniary loss. However, it is likely that the parents will recover at least some damages.
Source: The Southeast Texas Record, “Wrongful death suit filed over fatal accident on US 59 in Polk County,” Michelle Keahey, Dec. 17, 2012