Woman Dies in an Auto Accident Involving a Mail Truck
It is estimated that car accidents kill over 100 people a day. When car accidents cause damage and injury, it is likely that a car accident lawsuit will ensue in order for those injured in the accident to recover for the harm sustained. In the case of a fatal car accident, typically a wrongful death claim will be filed by the family of the deceased to recover for such things as medical expenses, as well as the loss of a loved one.
A recent wrongful death claim was filed after a car accident when a mail truck killed a woman in Madison, Wisconsin. In this case a 76-year-old woman was driving to the post office and pulled around a mail truck to park. When the woman stepped out from her car, allegedly, the mail truck struck her. She fell to the ground and smashed her head on the curb; she was immediately rushed to the hospital where she died. The woman suffered a skull fracture, and the driver was cited for inattentive driving; he pled no contest.
Here, the decedent's husband filed a wrongful death lawsuit against the U.S. Government, as the mail truck is a government vehicle and the driver is a government employee. The lawsuit claims that the driver was negligent while driving, did not yield to a pedestrian and failed to maintain control of his vehicle. The suit seeks damages for medical expenses, funeral costs, pain and suffering and loss of consortium (a legal term meaning relations / companionship).
It is likely that this lawsuit will prevail because a wrongful death action is proper when a death results, at least in part, because of another's actions even though there was no direct intent to kill the decedent. When negligent actions accidentally kill someone, although the action was unintentional, the negligent person will still be liable for the resulting damages stemming from the incident such as death.
Here, because the woman's death was the direct result of the impact of the motor vehicle collision and the driver pled no contest to negligent driving actions, it is likely that the husband will prevail in this suit because but for this incident, his wife would likely still be alive.
When dealing with a wrongful death claim it is important that you seek out an experienced personal injury attorney as soon as possible. It is important to know that after any motor vehicle accident, whether death results or not, you should always contact a personal injury lawyer, especially before accepting any sum of money in a settlement from an insurance company. Although you make think it is easier to settle and get an immediate sum of money, by not speaking with a legal professional, you risk the chance of shortchanging yourself and losing out on compensation you may deserve.
The lawyers at the Page Cagle personal injury law firm have handled many deadly motor vehicle accident cases that resulted from someone's negligence. As a founding partner of Page//Cagle, John Page is happy to discuss your case with you and answer any concerns you may have in regards to a wrongful death claim or any other personal injury issues.
You can contact him 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can email him at john@pagecagle.com or visit www.injuredclient.com for more information.
