Depending on facts surrounding the accident, yes, you can sue for the wrongful death of your husband who was killed by a tractor-trailer.
Was the Truck Driver and/or Owner of the Tractor or Trailer at Fault?
The primary issue is whether the truck driver or owner of the tractor or trailer was at fault. Determining this is not as easy as finding out what the state patrol or police wrote in the accident report. We have handled cases were the preliminary finding on the accident report was that the truck driver was not at fault, and found evidence to the contrary.
Evidence of fault can be found at the scene of the accident, during an inspection of the tractor and trailer, in corporate documents, through accident recreation. In some cases, the accident may not have been caused by negligent driving, but by negligent maintenance of the vehicle. For example, in one of our car accident cases, a tire flew off of the truck, rolled off of a bridge and crashed through the windshield of a car, killing the driver of the car. In other cases, it is discovered that the driver or trucking company violated a state or federal law, which caused the accident.
In another one of our cases, a snowmobile driver ran into a parked tractor-trailer and was killed. We found out that the big rig driver had parked illegally. We argued that the snowmobile driver was not expecting a large truck to be blocking the path, so the truck driver and trucking company were at fault whether the snowmobile driver should have seen the semi truck before impact or not. This was a winning argument, and the family used the money to establish a scholarship in memory of their son.
By Law, A Wife Can Sue for the Wrongful Death of Her Husband
Under state law, if the facts support a wrongful death claim, a wife has the legal right to sue for the wrongful death of her husband. Wrongful death claims are statutory, meaning there is a specific wrongful death statute that created the claim and that dictates who can sue and how the family members can sue. In every state, the wrongful death laws give a spouse the right to sue.
You can contact me now to discuss your case by calling 1-888-377-8900 (toll free) or submitting our free consultation form (click here). The consultation is free, and if you hire me, you will not have to pay until I win your case.
Attorney Eric Hageman is a member of the American Association for Justice (AAJ) Interstate Trucking Litigation Group. Eric represents accident victims nationwide.
