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Claiming Wrongful Death for Trucking Accident

By David Boehrer | Posted on August 04, 2014

Ongoing investigation on the recent accident that claimed the life of actor-comedian James McNair indicate that a truck driver may have fallen asleep behind the wheel when the tragic collision occurred. The accident also caused serious injuries to McNair’s fellow actor and good friend, Tracy Morgan and damaged 5 other vehicles. The incident may lead to multiple lawsuits such as wrongful death and other personal injury claims.

Trucker Fatigue

Driver fatigue and inadequate sleep are common causes of trucking accidents in Nevada where a high volume of trucks and trailers ply its roads and highways.

The state of Nevada observes strict Trucker Fatigue rules which prohibit drivers from operating a commercial vehicle for more than 11 hours and from driving for more than 60 or 70 hours within a driving cycle of 7 or 8 consecutive days. The rule is aimed at reducing road accidents as a result of driver sleeplessness and exhaustion.

If a member of your family or a loved one is killed in an accident caused by the negligence of another party, you may be entitled to compensation for wrongful death.

What is wrongful death?

Wrongful death refers to a legal remedy for recovering compensation due to the intentional, reckless or negligent actions of one person or entity, causing the death of your loved one. When an accident occurs, the injured party may ordinarily file an action for personal injury against the negligent driver or party. However, when the accident victim dies as a result of the crash, the case may become one for wrongful death.

Who may file claim for wrongful death?

In the State of Nevada, the heirs and personal representatives of the deceased may file the action for wrongful death. Heirs of the deceased include:

  • The surviving spouse
  • Domestic partner
  • Children of the deceased
  • Parents of the deceased, only if there is no spouse or child

Other persons as well may file a claim for wrongful death if they can show that they were actually dependent on the deceased person at the time of their death. Thus, stepchildren or stepparents, or a minor child who, while not legally related to the deceased, relied on the deceased for support for a period of time prior to the accident.

Determining liability for wrongful death, and working out the fine technical requirements for filing a claim for compensation, are best handled by a Henderson truck accident attorney. In Las Vegas and in other parts of Nevada, the David Boehrer Law Firm has years of experience in wrongful death cases, helping the loved ones of accident victims recover and move on from a tragic event.

We welcome your call today to arrange a free initial consultation, at (702) 750-0750. We would like to hear about your particular situation and help however we can.

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We hope that everyone is taking the recommended precautions to protect themselves against this Coronavirus (COVID-19) pandemic. The David Boehrer Law Firm always has and always will put the safety and well-being of our clients, and staff, before all else. We have taken the necessary steps to comply with all recommendations from the CDC, the SNHD and Governor Sisolak, while also allowing us to continue to serve our clients.

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