How Are Wrongful Death Settlements Calculated in Truck Accident Cases?

How Does a Family Pursue a Wrongful Death Claim?

If a member of your family dies unexpectedly in a truck accident, you’ll need to consult an Evansville truck accident attorney about your family’s options and rights, and you should contact that attorney immediately.

No amount of cash can eliminate or reduce your suffering after a family member’s loss, but a favorable settlement or jury verdict after a loved one’s wrongful death may help the survivors move forward constructively with their lives and, in some cases, avoid financial hardship.

If your family member’s wrongful death happened in a collision with a large commercial truck, what does it take to pursue a wrongful death claim, who may be held accountable, and what compensation can your family recover?

Truck Accident Statistics Are Disturbing

In 2023 in Indiana, large trucks were involved in more than 4,900 accidents. More than 1,600 serious injuries were sustained in these accidents, and 118 people lost their lives.

A large truck’s momentum and weight may cause considerable damage and serious injuries in an accident. Every traffic accident is potentially fatal, but accidents involving large trucks can be genuinely catastrophic collisions.

When fully loaded, a commercial truck may weigh more than forty tons; the average car weighs about 3,000 pounds. When a car and truck crash at high speeds, substantially more damage is done by the truck and sustained by the car and anyone in it.

Who May Be Liable for a Truck Accident Fatality?

When a commercial truck is involved in a traffic crash, even when the truck driver is clearly at fault, it can be challenging to determine who else may have liability.

The company that owns the truck – or a leasing company, cargo company, or another party – may have liability for the truck accident and the wrongful death. How is liability assigned after a truck accident that causes someone’s wrongful death?

When is Liability Shared for a Truck Accident?

If a truck’s maintenance was neglected, if its tires or brakes were defective, or if the cargo was loaded improperly, several defendants may share the liability for the collision and the wrongful death.

One of the first steps an Evansville wrongful death lawyer will take for you is determining who is liable for the accident and the loss of your family member.

Under a legal principle known as “vicarious liability,” an employer may be deemed liable for an employee’s negligence when that negligence occurs in the “course and scope” of an employee’s job duties.

How Does Vicarious Liability Apply to Truck Accidents?

Vicarious liability can shift liability for a truck accident to the truck driver’s employer. Whether vicarious liability applies to any specific accident depends on answers to these questions:

1. Was the truck driver an independent contractor or an employee of the truck’s owner or owners?
2. Did the negligence, crash, and injury happen in the course and scope of the truck driver’s duties?
3. Was the truck driver’s negligence intentional?

A trucking company may be vicariously liable for a truck driver’s negligence if the driver is an employee of the company, but employers are not liable for an independent contractor’s negligence. When an independent contractor is the driver, vicarious liability will not apply.

Who May Bring a Wrongful Death Claim?

In Indiana, if the decedent was an adult, only the representative of the decedent’s estate may file a wrongful death claim. This person may be the executor of the decedent’s will, or if there is no will, a person named by the court – usually a spouse, adult child, or another close relative.

After a child’s wrongful death, the parents may file a wrongful death claim. If the parents are divorced, the custodial parent may bring the claim.

If a loved one dies because of negligence in a truck accident, your Evansville truck accident attorney will identify the possible sources of compensation, hold the negligent accountable, and advocate for your compensation and the justice your family is entitled to under Indiana law.

When a wrongful death case has multiple defendants, that case may be challenging to resolve out-of-court. Your family may settle with one of the defendants, for instance, while continuing to pursue a claim against the other defendants.

How Are Settlement Amounts Calculated?

Wrongful death settlements are calculated by adding the quantifiable economic damages (medical bills, lost wages, and funeral costs, for example) to the non-economic damages (such as emotional distress, pain, suffering, and the loss of companionship).

Previous similar cases can point to an average wrongful death settlement amount, but when a wrongful death case based on a truck accident goes to trial, a jury may arrive at any dollar amount jurors deem appropriate, with these limits:

1. When the wrongful death was caused by the negligence of a government agency or employee, Indiana caps compensation at $700,000.
2. If the decedent was unmarried with no dependents, Indiana caps compensation for loss of love and companionship at $300,000.

In some cases, expert testimony from financial experts, medical authorities, and vocational specialists may help determine the value of the damages the surviving family members have suffered.

What Else Should Indiana Families Know?

In most wrongful death cases in Indiana, the deadline for bringing a wrongful death lawsuit is two years from the fatality date, but you must not wait two years to speak with an Evansville wrongful death lawyer.

Evidence can be altered, lost, or deteriorate over time. The memories of witnesses fade. It may be difficult while your family is still grieving, but it’s important to speak with a wrongful death attorney at the Gerling Law Office as quickly as possible.

If you’ve lost a loved one in a truck crash, your first consultation with our legal team is provided without cost or obligation. You won’t owe any attorney’s fee until and unless the Gerling Law Office recovers your compensation with an out-of-court settlement or a favorable jury verdict.

Let Us Advocate for Your Family’s Rights

With over thirty years of wrongful death experience, the attorneys at the Gerling Law Office will defend your family’s rights if you lose a loved one in a truck collision or another wrongful death scenario.

We represent families in Indiana, Illinois, and Kentucky. Our award-winning attorneys have recovered more than $500 million for our clients and their families.

If you’ve lost a loved one because others were negligent, or if you lose a loved one this way in the future, promptly schedule a no-cost case evaluation by calling the Gerling Law Office at 812-213-4551 in Evansville or 812-646-3277 in Owensboro. Let us put the law to work for you.