Valparaiso Wrongful Death Truck Accident Attorneys Get your
Free Consultation
Custy Law Firm | Accident & Injury Lawyers

Because of the speed and force involved, any automobile accident can result in very serious or even fatal injuries. Unfortunately, collisions involving commercial trucks can cause devastating consequences, and loss of life is even more likely than in accidents between smaller vehicles. This is because a fully-loaded truck can weigh up to 80,000 pounds. Furthermore, the height disparity between passenger vehicles and the trailers these trucks tow often leads to deadly underride or override accidents.

In many cases, truck accident deaths result from the negligence of the trucker, the trucking company, or a manufacturer of the vehicle or its parts. If you have lost a loved one in an Indiana truck accident and another party is responsible for the collision, you may be entitled to compensation through a wrongful death claim. The experienced Valparaiso wrongful death attorneys at Custy Law Firm | Accident & Injury Lawyers are ready to help you file your claim and seek the justice you deserve. Call (219) 286-7361, or reach out to us online today for a free consultation.

valparaiso, indiana

What Is a Wrongful Death Claim?

A wrongful death case is a situation in which a party’s wrongful actions resulted in the death of another person. If a truck accident victim dies because of injuries sustained in the collision, their loved ones have the right to seek compensation for damages.

Of course, no amount of financial compensation will be able to make up for the loss of a loved one. Nor will it be able to heal the pain you feel due to their passing. However, a wrongful death claim is a way of holding the at-fault party financially responsible for the victim’s death. Furthermore, the compensation you receive can help you cover financial costs that you and your family have incurred because of your loved one’s injuries and death. This can include:

  • Funeral and burial costs
  • Medical and hospital expenses
  • Lost wages and income your loved one would have earned if they were still alive
  • Loss of household services
  • The costs of pursuing a wrongful death suit
  • Loss of affection, companionship, parental guidance, and care

There is a two-year statute of limitations on wrongful death cases in Indiana. If you intend to recover compensation for your loved one’s death, you must file your claim or lawsuit within two years of the day they died.

Common Causes of Truck Accident Fatalities

A commercial truck’s sheer size and weight mean that there is zero margin of error when operating them. Even the tiniest mistakes have the potential to cause catastrophic consequences. Some of the most common causes of fatalities in commercial vehicle collisions that lead to wrongful death cases are:

  • Truck driver error
  • Truck drivers operating their vehicles while distracted
  • Drowsy truck drivers
  • Inadequate truck maintenance
  • Improperly loaded or secured truck cargo
  • Truckers neglect to check their blind spots
  • Poor or insufficient truck driver training or supervision

Who Is at Fault in a Truck Accident Wrongful Death Case?

There are multiple factors to consider when determining liability for a truck accident case. In most car crash cases, the other driver is usually the at-fault party. In truck accident cases, however, the at-fault party might be:

  • The truck driver
  • The trucking company that employs the driver
  • The mechanics in charge of maintaining the truck
  • The truck’s manufacturer

In some cases, more than one of these parties may bear liability for the wrongful death case. An experienced Indiana personal injury attorney will have the knowledge and resources necessary to help you determine who should be named as the defendant in your wrongful death case. Contact us today.

truck head on collision

Who Can File a Wrongful Death Claim?

The question of who can file a wrongful death lawsuit has different answers depending on which state you are in. These people are generally entitled to file a lawful death claim in Indiana.

If the person who lost their life was an adult, the individual who files the claim and collects the financial reward is the personal representative of the deceased person’s estate. This is usually the surviving spouse, an adult child, a sibling, or a parent.

If the deceased was a child, one or both parents could file a wrongful death claim. For wrongful death claims, Indiana law defines a child as:

  • A person who is not married, does not have dependents, and is under the age of 20 years old
  • A person who is not married, does not have dependents, is under the age of 23 years old, and is enrolled in college, a career or technical school, or some other educational program
  • A fetus that has reached viability

Determining who can file a wrongful death claim in Indiana can be complicated. The issue becomes even more complex if the accident occurred in a different state. This is one of the reasons you should consult with an experienced wrongful death attorney before taking action.

Contact an Experienced Valparaiso Wrongful Death Truck Accident Attorney

The Valparaiso wrongful death lawyers at Custy Law Firm | Accident & Injury Lawyers represent families throughout the state of Indiana who have lost loved ones in tragic, preventable accidents. We understand that it is every family’s priority to have space to grieve their loss, but there is also a real need to hold the responsible party accountable for their actions.

Furthermore, the costs associated with medical care and funeral services should not be your responsibility if your loved one lost their life due to the negligent actions of another party. The legal team at Custy Law Firm | Accident & Injury Lawyers is here to help you fight to recover the compensation you are owed so that you do not have to suffer financially when you are already mourning your loved one. We will handle all the legal matters ourselves so that you can focus on taking care of your daily needs.

If you have lost a loved one in a wrongful death case and want to discuss your legal options, contact Custy Law Firm | Accident & Injury Lawyers today for a free, no-obligation consultation at (219) 286-7361.

 

 

 

 

In The News

Jul 01
How to File a Personal Injury Lawsuit in Indiana

Indiana residents are injured in accidents that are not their fault every day. The causes of these injuries range from car and truck crashes to slip-and-fall accidents and dog bites.… Read More

VIEW ALL NEWS
What Not to Say to an Insurance Adjuster
May 01

After a car accident, it can be difficult to know exactly what to do. In the days after the accident, you’ll be handling injuries and property damage. You will probably… Read More

What Is a Truck Driver’s Travel Log?
Mar 01

Truck drivers have a huge responsibility when they’re operating their fully loaded, 80,000-pound vehicles. When you or a loved one is involved in a collision with a truck, you can… Read More

Do Helmet Laws Impact Fault in a Motorcycle Accident?
Jan 01

If you have been involved in a motorcycle accident, you may be wondering how helmet laws could affect your insurance claim or lawsuit. Even though helmets are not required by… Read More

How to Request an Accident Report
Dec 01

Requesting a police report after a car accident is one of the most critical steps you can take. It might contain the details you need to show another driver’s actions… Read More

Testimonials

Custy Law Firm has redeemed the reputation lawyers face in the legal field. I’m so grateful for their professionalism, their communication skills as well as their knowledge of the law.… Read More

- Yolonda M

Brian and his team were extremely helpful to us in resolving our case (related to personal injury from a traffic accident).  Brian listened to what our goals were for the… Read More

- Saroj S.

As a medical professional, I would like to testify that Mr. Brian Custy is the best attorney I met in Indiana. I trust his knowledge, experience, and professionalism. The firm… Read More

- Fei L.

From the first visit at Custy Law , I felt completely comfortable that my Auto accident would be taken care of. It was as if a huge weight was lifted… Read More

- Glenn H.

I am extremely happy with the quality of service and guidance I have received with Custy. His staff are amazing and he is very professional and down to earth. He… Read More

- Erin C.

Custy Law Firm provides the highest level of professional and ethical services to its clients. Brian Custy and staff are deeply committed to obtaining justice for those harmed by the… Read More

- Lisa C.

My experience with The Custy Law Firm has been nothing short of fantastic. I knew very little after PA school regarding the reading, understanding, and negotiating of contracts when accepting… Read More

- Monica B.

We’ve known Brian for a long time and he’s excellent on many levels. He has always focused on learning, achieving his goals, and operating ethically. He’s friendly, hard-working, very professional,… Read More

- Jenne C.

Brian Custy helped me at a time I needed someone I could trust.  He was attentive, positive, thorough, knowledgeable, and professional in every exchange.

- Judy M.

To some they would think my case as minimal. Custy Law Firm treated me with the most respect and consideration. Thank you CLF.

- William C.

I originally tried to use our legal counsel from my union. I was getting lowball offers, and after I refused to accept their offer, I was fired by my very… Read More

- RYAN D.

Since day one i have received the best service that anybody can ask for. Mr. Custy and Melissa have been such caring and trustworthy people. They really make you feel… Read More

- Joel Marquart

“Mr. Custy is an excellent lawyer that not only takes care of business but actually takes the time to listen to his clients. Mr. Custy cares and that is why… Read More

- CARLOS G

I have had the pleasure of working with Attorney Custy for the past two years on two cases at the same time. This has been the hardest thing I have… Read More

- ANGIE R.

“Brian Custy is a terrific lawyer that takes the time to walk you through the entire process, explaining all of the details that often times get overlooked. His follow-up was… Read More

- COREY O.

“Mr. Custy is a very good lawyer. He goes out of his way to make sure he is doing the best he can for your case. He is always there… Read More

- ALICE B.

“ Custy Law Firm | Accident & Injury Lawyers has gone above and beyond while working on my case. I was injured on the job and Brian has given me… Read More

- TIFFANY G.
View All Testimonials
National Association of Distinguished Counsels
Illinois State Bar Association Logo
Academy of Truck Accident Attorneys
National Trial Lawyers top 100 Attorneys Logo
NTL Top 10 for Trucking Litigation
National Institute for Trial Advocacy
Indiana Trial Lawyers Assocation
Trial Lawyer's College Thunderhead Ranch Logo
American Association for Justice Logo
American Association for Justice Logo

GET YOUR FREE

CASE EVALUATION