Recent news reports and data from NHTSA have revealed the most dangerous states for large commercial vehicle accidents, and Indiana is one of them. Of all the states, Indiana is ranked at #9, with almost 12% of all life-threatening crashes involving large semi-trucks each year. 

Unfortunately, those who lose their lives in these accidents are often innocent bystanders who are passengers in smaller vehicles that are hit by these large trucks. While losing a loved one is never easy, those who have experienced loss after a fatal truck accident may be eligible to file a wrongful death lawsuit to recover compensation for their losses and suffering. 

At Poynter & Bucheri, our Indianapolis semi-truck accident lawyers understand how devastating the aftermath of a truck accident can be. If you have lost a loved one in a truck accident and are interested in suing for wrongful death benefits, we are here to help. 

What’s a Wrongful Death Lawsuit?

An unlawful death lawsuit or wrongful death lawsuit refers to a special type of claim that can be filed against negligent parties when an accident results in the wrongful death of a loved one. In Indiana, legislative code IC 34-23-1-1 defines wrongful death as death that is caused by the wrongful act or omission of another. 

When a wrongful death occurs, such as when a negligent truck driver causes an accident, surviving dependents or loved ones have the right to file a claim for the damages suffered as a result of the loss. Such losses that the beneficiaries can be compensated for can include:

• Funeral expenses
• Medical expenses related to the treatment of the loved one before they died
• Lost wage or income support
• Loss of household services
• Loss of parental guidance, affection, or companionship

*In Indiana, you have two years from the date of the death to file a wrongful death claim. 

What Causes Wrongful Death in Truck Accidents?

Many things could contribute to a truck accident. For instance, poor road maintenance or bad weather could cause a truck driver to get into an accident with another vehicle. However, the most common cause of truck accidents is negligence, which can include:

• Truck driver error (speeding, failing to yield the right of way, merging without using a signal, etc.)
• Truck driver fatigue 
• Distracted driving
• Poor truck maintenance
• Improperly loaded or secured cargo
• Merging without checking blind spots
• Trucking companies failing to ensure their drivers are obeying federal regulations for commercial vehicles
• Truck malfunctions or manufacturing issues
• A lack of truck driver training

Who Can Be Held Liable in a Wrongful Death Claim After a Truck Accident?

When it comes to commercial vehicle accidents involving freight trucks, it is not only the truck driver who could be responsible for the accident. There are many parties involved in freight transportation, and any one of them could be responsible for what happened, which can include:

• The truck driver
• The trucking company
• The truck owner
• The truck maintenance company
• The truck manufacturer
• The shipping or cargo company

For example, if the truck accident occurred due to a manufacturing defect, such as a faulty truck part, then the manufacturer could potentially be held liable. If the accident happened due to the cargo being packaged or loaded improperly, the shipping or cargo company could be held responsible. It is also possible that more than one party could be to blame.  

When Suing For Wrongful Death, Who is Eligible to Claim Benefits?

Every state has different laws for who is eligible to file and receive benefits when suing for wrongful death. Furthermore, in addition to being eligible to file a wrongful death claim and recover benefits, the surviving loved ones must also be able to prove that they have suffered damages as a result of the loss. 

As such, it is often necessary to work with a wrongful death attorney with experience handling these kinds of cases. A lawyer can help the loved ones understand who is eligible, help them file their claim, and help build a strong case with evidence to ensure the loved ones are fully and fairly compensated for their losses. 

In Indiana, those who are eligible for wrongful death benefits include:

• Surviving spouses
• Surviving adult children if the deceased wasn’t married
• One or both parents (if the deceased was a child or young adult)
• The dependent children 
• The legal guardian (if the deceased was a child)

Consult With an Indianapolis Semi-Truck Accident Attorney 

If you have lost a loved one in a truck accident, the team at Poynter & Bucheri can help. We know what it takes to ensure the right party is held accountable for trucking accidents. We can also guide you through the entire process and ensure you and your family are fairly compensated for your losses. 

Don’t hesitate — an experienced Indiana semi-truck accident attorney can assist you right away. Call 1-800-265-9881 for a free case review.