Wrongful Death Claims for Accidents Involving Commercial Vehicles

Over 16,000 truck accidents take place in New York annually. The vast majority don’t include any fatalities. However, more than 100 people lose their lives in truck accidents each year, accounting for roughly 8% of all fatal crashes in the Empire State.

Was your loved one killed in a truck accident in New York recently? If you believe a truck driver’s negligence caused their crash, consider calling a wrongful death claims lawyer to help your family file a lawsuit. It may position your family to collect compensation to cover medical expenses, funeral costs, and more.

No amount of money will bring your loved one back, but a wrongful death claim might help your family seek justice. Discover more about filing a wrongful death claim following a loved one’s fatal accident involving a commercial vehicle below.

Who Can File Wrongful Death Claims Following Fatal Accidents Involving Commercial Vehicles?

Before reaching out to a wrongful death claims lawyer to explore filing a lawsuit, make sure you’re eligible to take legal action.

In New York, only the personal representative for a deceased person’s estate may file a wrongful death claim after an accident involving a truck or another commercial vehicle. This representative is either the person the deceased appointed to oversee their estate in their will or the person a probate court appointed to play this role.

This person has the power to file a wrongful death claim on behalf of a deceased person’s:

• Spouse
• Children
• Parents
• Other dependents

What Damages Can You Try To Recover During a Wrongful Death Case?

Filing a wrongful death lawsuit after a loved one is involved in a fatal accident with a commercial vehicle can help a family recover damages. They may be eligible to collect compensation for wrongful death to ease the financial burden that a loved one’s death put on them.

Your family may attempt to recover wrongful death damages during a lawsuit. These include:

• Economic damages to cover medical bills, funeral expenses, and other calculable losses
• Non-economic damages to account for intangible losses like pain and suffering
• Punitive damages to punish a commercial vehicle driver for egregious negligence

A wrongful death claims lawyer will evaluate your case and explain which damages your family can try to collect based on the circumstances surrounding a truck accident.

How Can You Prove Negligence After a Fatal Accident Involving a Commercial Vehicle?

Your ability to prove negligence after a fatal commercial vehicle accident will make or break your case. This is why you must hire a reliable wrongful death claims lawyer.

A negligence claims attorney will assist your family in gathering the necessary evidence. It will typically include:

• Police reports
• Truck driver logs
• Eyewitness accounts
• Dashcam footage
• Commercial vehicle maintenance records
• Expert witness analysis

An attorney might also consider pinning liability in fatal accidents on more than just a truck driver. A trucking company, a truck part manufacturer, and even a cargo-loading company could all share some blame.

How Long Do You Have To File a Wrongful Death Claim in New York?

Your family won’t have long to file a wrongful death claim in New York. The statute of limitations for wrongful death cases is two years.

Seek legal representation for wrongful death cases as soon as possible to avoid missing the deadline.

Call Us To Discuss Your Case With a Trusted Wrongful Death Claims Lawyer

If your loved one died during an accident involving a commercial vehicle, Cantor, Wolff, Nicastro & Hall, LLC, will help explore your legal options. A wrongful death claims lawyer from our well-established law firm will walk you through them and assist you in deciding what to do next.

Contact us at 716-848-8000 or complete this brief form to schedule a free case evaluation.