A 2018 truck accident that happened on the Pasadena 210 freeway brought about the death of the truck’s driver. According to police reports, the truck smacked an SUV, and even though the SUV driver could regain its control, the truck’s driver was unfortunate. His vehicle jackknifed, crashed onto a nearby tree, and flipped. The exact reason for that accident is being discussed even today, but it seems there may be a case for wrongful death.
Against Which Party Can One Take Legal Action for Wrongful Death?
If one is killed after an accident due to somebody else’s fault, their loved one may be able to bring a lawsuit of wrongful death. Most people do not understand that there may be more than one party to blame for an accident. For instance, had the SUV driver been killed, their family member might just have had various parties to hold liable, including the ones mentioned below.
- The company which employs the truck’s driver: In cases where that driver is to blame because of that company needing him or her to work for more time than legally permitted, his or her employer might be responsible. The company could be guilty even if it hired one without a proper driver’s license and/or training.
- The truck driver’s insurance company: The whole point of having an insurer is to protect against injuries or damages that result from accidents. No matter whether the policyholder passes away in that accident, that insurance policy may cover injuries and damages.
- The truck manufacturer: If a truck defect was a major reason for the accident, that manufacturing company could be held legally responsible.
- Other motorists: When a closer check reveals that other drivers contributed to or caused a truck accident, they could be held liable.
- Public agencies: Were the road conditions when the accident took place dangerous? If yes, could these have been changed for a positive outcome? Were these conditions due to poor maintenance of the road by the municipality or government? For instance, if bushes or trees obscured the road at the time, the government entity may be liable. If so, the injured ones should act within the time allowed to sue such an entity. Remember that the time limit to sue such an entity is shorter compared to the one that applies to the common public.