Wrongful Death Claims for Families of Deceased Truck Drivers

Families of deceased truck drivers may be eligible to file a wrongful death claim in North Dakota if the negligence, recklessness, or intentional actions of another party caused the death. In these tragic cases, families are often left wondering where to turn for answers. Here are some commonly asked questions about these claims to help you and your loved ones understand your legal options.

Who is eligible to file a wrongful death claim in North Dakota?

In North Dakota, there is a specific order for the person who can file a wrongful death claim.  First is the deceased person’s spouse, then a surviving child or children, then either parent and finally, the personal representative of the deceased person’s estate.

What grounds are needed to file a wrongful death claim?

The claim must be based on the wrongful act, neglect, or default that led to the death. Various scenarios may meet this requirement, including truck accidents caused by another driver, defective vehicle parts, unsafe working conditions, or other forms of negligence.

What damages can a family be compensated for in a wrongful death claim?

The family can seek compensation for various damages, including:

• Funeral and burial expenses: Costs associated with organizing the funeral and burial
• Medical expenses: Costs related to the deceased’s final injury or illness
• Loss of the deceased’s income and benefits: Compensation for the potential earnings and benefits the deceased would have earned
• Loss of consortium: Compensation for the loss of companionship, care, and guidance the deceased would have provided
• Pain and suffering: The pain and suffering endured by the deceased before death, as well as the emotional pain suffered by the surviving family members

What is the statute of limitations for wrongful death claims in North Dakota?

In North Dakota, the statute of limitations for filing a wrongful death claim is two years from the date of death. It is crucial to file within this timeframe to avoid losing the right to pursue the claim.

What does a family have to prove to win a wrongful death claim?

In a North Dakota wrongful death claim, certain elements must be proven to establish liability and secure compensation. These elements include:

• Duty of care: The plaintiff must demonstrate that the defendant owed a duty of care to the deceased. This requirement means showing that the defendant had a legal obligation to act (or refrain from acting) in such a way that they would prevent harm to the deceased. For example, drivers have a duty to operate their vehicles safely and follow traffic laws.
• Breach of duty: A plaintiff needs to demonstrate that the defendant breached this duty of care. This breach could be due to negligent actions, reckless behavior, or intentional misconduct. For instance, if a driver was speeding or driving under the influence, they would be breaching their duty of care.
• Causation: The plaintiff must establish a causal link between the defendant’s breach of duty and the death of the deceased. Causation requires proving that the defendant’s actions (or inactions) directly caused or significantly contributed to the death. It must be shown that the death would not have occurred but for the defendant’s conduct.
• Damages: The plaintiff must demonstrate that the death resulted in quantifiable damages. These damages can include economic losses (medical expenses, funeral costs, lost wages, and loss of financial support) and non-economic losses (pain and suffering, loss of companionship, and emotional distress).

Is a wrongful death claim filed on behalf of a deceased truck driver different from any other wrongful death claim?

A wrongful death claim filed on behalf of a deceased truck driver is generally similar to other wrongful death claims in terms of the elements that the plaintiff must prove. However, there are some specific considerations related to the nature of truck driving and the regulations governing the trucking industry:

Similarities

• Elements: The fundamental elements of proving a wrongful death claim—duty of care, breach of duty, causation, and damages—remain the same. The plaintiff must demonstrate that the defendant’s actions or negligence caused the death of the truck driver.
• Statute of limitations: The time frame within which a wrongful death claim must be filed is also two years from the date of death in North Dakota.
• Damages: The types of damages that can be claimed, such as medical expenses, funeral costs, lost wages, loss of companionship, and pain and suffering, are consistent with other wrongful death claims.

Differences

• Regulations: Trucking is a highly regulated industry, with specific rules and regulations governed by the Federal Motor Carrier Safety Administration (FMCSA) and state laws. These regulations cover aspects such as hours of service, vehicle maintenance, driver qualifications, and load limits. Violations of these regulations by the trucking company, the deceased or other parties can be crucial evidence in a wrongful death claim.
• Parties: In a wrongful death claim involving a truck driver, there may be multiple parties who could be held liable, including another driver, manufacturers of defective truck parts, maintenance companies responsible for the truck’s upkeep, and cargo loaders if improper loading contributed to the accident. Another truck driver or trucking company may also be liable if the collision involved multiple trucks.

Do I need a lawyer to file a wrongful death claim in North Dakota?

Given the complexities of wrongful death claims, it is best to get advice from an experienced attorney who can navigate the legal process, gather necessary evidence, and represent the family’s interests effectively.

If your family member lost their life due to the negligence of another party, call Larson Law Injury & Accident Lawyers in Fargo or fill out our contact form to schedule your initial consultation today.