Wrongful Death
When your loved one is killed by a commercial motor vehicle, the estate has a wrongful death claim against all parties legally responsible for the wreck. This can include the at-fault driver, employers, individual truck driver, the trucking company, the owner of the truck and trailer, various freight companies, etc.
If you suddenly lose a spouse, parent, or child in an automobile collision, call our experienced Kentucky wrongful death lawyers immediately. If the wreck was caused by another person’s carelessness, reckless or intentional misconduct, you might have the right to financial compensation. You could seek compensation for :
- Medical expenses
- Funeral and burial expenses
- Loss of earning capacity
- Loss of your family member’s financial support
- Loss of your family member’s services
- Loss of your family member’s love, companionship, care and protection
- Pain and suffering and anguish
Kentucky wrongful death claims are controlled by KRS 411.130, the wrongful death statute. This law determines how the settlement monies are allocated. In Kentucky, any settlement funds pass outside the decedent’s estate as follows:
- If the deceased leaves a spouse & no children, then the whole to the widow.
- If the deceased leaves a widow and children, then ½ to the widow & the other ½ to the children of the deceased
- If the deceased leaves a child (or children) but no spouse, then the whole to the child (or children).
If your loved one was injured or killed in a wreck caused by a commercial truck driver, your family can pursue a claim for wrongful death and hold the driver and trucking company accountable for your family’s losses.
Wrongful Death and Truck Accidents
Our experienced trucking and wrongful death attorneys have helped many families like yours. We know how difficult it is to tragically lose a loved one. Let us help pursue the trucking companies and drivers that are responsible for these losses.
We hold trucking companies and their drivers accountable by taking every measure to win as much money as possible for the family. It is crucial to begin investigating the wreck and the trucking company immediately. Most truck companies and insurance companies have attorneys on call 24/7. When the truck is involved in a wreck, frequently their attorneys respond immediately. Many times, the insurance representatives are at the scene of the wreck conducting their own investigation. It is crucial that your family hire an experienced trucking attorney immediately to assist you throughout this process.
If you hire Busald Funk Zevely to represent you, we will immediately launch our own investigation and begin collecting evidence needed to win your case:
- Send Spoliation Letter – Federal Law requires that trucking companies and truck drivers keep detailed records. Many companies & drivers do not comply with Federal law. A spoliation letter is a crucial document that demands the trucking company and at-fault driver preserve specific evidence related to the wreck.
- Hire an Accident Reconstruction Expert – we hire engineers & experts to fully investigate the wreck. An accident reconstruction team can literally reconstruct the wreck using animations; inspect the vehicles; and download crucial black box data.
- Inspect the Tractor & Trailer: The tractor AND trailer should be inspected in EVERY trucking case involving a serious injury or death. We have a team of experts to make sure the equipment is inspected promptly & thoroughly.
- Demand documents from the trucking company: We make the trucking company produce all relevant documents. These documents are voluminous, frequently consisting of thousands of pages. We closely examine each and every page to determine if the trucking company or its driver has committed any violations. Specifically, we determine whether the truck driver was qualified to operate the commercial motor vehicle; whether the truck driver has the necessary training & supervision; whether the truck driver violated federal law by driving too many hours; whether the company administered an adequate drug & alcohol test, etc.
- Interview Witnesses: Our team of lawyers and investigators interview witnesses, trucking company employees and other relevant people to gather evidence.
- Depositions: Our team of experienced lawyers take depositions (testimony under oath) and cross-examine the company’s truck driver, corporate representatives and any witnesses with relevant knowledge about the wreck itself.
If you have lost a friend or a loved one due to the negligence of a trucking company in Kentucky, contact our team of attorneys today. We can hold the trucking company and driver accountable for the death of your loved one. Busald Funk Zevely has the knowledge, skill, and resources to pursue this on your behalf. There is no fee unless we win.
