Statistics And Factors Leading To 18-Wheeler Accidents & Wrongful Death Claims
NEW ORLEANS, May 29, 2015 /PRNewswire/ -- It is estimated that there are over 2 million 18-wheelers on U.S. highways today. Each rig can weigh from 10,000 to 80,000 pounds. Unfortunately, the presence of those large trucks on the roads can pose serious risks to the safety of motorists. According to the National Highway Traffic Safety Administration ("NHTSA"), large trucks accounted for 3,964 fatalities in 2013. Those are the most recent statistics rendered by the NHTSA. It marked the fourth straight jump in annual large truck-involved fatalities, dating back to 2009.
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There are many factors contributing to 18-wheeler accidents. According to the Federal Motor Carrier Safety Administration, some of the most common factors are:
- Brake problems,
- Distractions,
- Traffic flow interruption (congestion, previous crash),
- Prescription drug use,
- Drunk driving,
- Traveling too fast for conditions,
- Unfamiliarity with roadway,
- Over-the-counter drug use,
- Inadequate surveillance, and
- Fatigue.
Many of those factors are attributed to negligent and unsafe behavior on the part of the driver, the trucking company, the manufacturer of the trucks or their parts, and/or the party responsible for maintaining the truck.
When one dies due to the negligence of either of those parties, their legal beneficiaries are entitled to wrongful death and/or survival action claims. The list of beneficiaries may vary from state to state, according to each state's statutes. In Louisiana, the list of beneficiaries who may bring such claims are:
- Surviving spouse and/or children,
- Surviving parents,
- Surviving siblings,
- Surviving grandparents, and
- Succession representatives in the absence of any of the above categories.
A beneficiary falling in a higher category prevents those in lower categories from recovering.
The damages recoverable under the above-mentioned statutes also vary from state to state. In Louisiana, a wrongful death claim is brought by a beneficiary to recover for damages suffered by him or her, which include: loss of love, affection, services, support and society, and grief. The survival action claim is brought by the beneficiary to recover damages that the victim could have recovered had he lived. Those damages include: pain and suffering, medical costs and expenses, lost wages and future earning capacity, and mental anguish.
For more information on 18-wheeler accident statistics or wrongful death or survival action claims in Louisiana or other states, please do not hesitate to contact us.
The Law Offices of Frank J. D'Amico, Jr. APLC
622 Baronne Street
New Orleans, LA 70113
http://www.damicolaw.net
Telephone: 504-525-7272
Facsimile: 504-525-9522
SOURCE The Law Offices of Frank J. D’Amico, Jr. APLC
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