How To File A Wrongful Death Claim After a Fatal Montana Truck Accident
Large commercial trucks far outweigh standard family cars, looming over them with the tank-like structure of a garbage truck or an immense, fully loaded 18-wheeler weighing as much as 80,000 pounds. Over 70% of those injured or killed in truck accidents are motorists in other vehicles, not the truck driver.
If you lost a loved one in a Montana truck accident, the grief and confusion can feel overwhelming. While no amount of money can replace a loved one, pursuing a wrongful death claim with help from an experienced Bozeman truck accident lawyer can help your family find accountability and financial stability during this difficult time.
Who Can File for Wrongful Death In Montana?
Unlike some states, Montana law requires that a personal representative of the deceased’s estate file the wrongful death claim — not an individual family member.
The personal representative is typically named in the decedent’s will or estate plan. Often, this is a spouse, parent, or adult child. If no will exists, the court will appoint a representative.
Once compensation is recovered through a settlement or court award, the funds go to the estate and are distributed according to the will or, if none exists, under Montana’s intestate succession laws.
Proving Wrongful Death In Montana Truck Accident Cases
To win a wrongful death lawsuit in Montana, your attorney must prove that someone else’s negligence or wrongful conduct directly caused your loved one’s death.
- Common forms of negligence in truck accident cases include:
- Driving while fatigued or under the influence
- Violating FMCSA regulations
- Overloading or improperly loading cargo
- Failing to maintain brakes or tires
- Hiring or retaining unqualified drivers
Compensation in a Montana truck accident wrongful death claim typically comes from the at-fault party’s insurance policy.
Who Is Liable for Damages In a Wrongful Death Claim?
The trucking industry is complex, requiring multiple entities to adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations and take all reasonable care to prevent accidents and injuries. When any one of the many involved parties in the trucking industry fails to take reasonable actions and the direct result of their negligence is an accident with injuries, the at-fault party is liable for damages.
Common liable parties in truck accident wrongful death claims include the following:
- The truck driver
- The trucking company
- A negligent truck maintenance company
- A negligent freight loading company
- The manufacturer of a defective tire or truck part
In some cases, third parties cause or contribute to fatal truck accidents, for instance, when a road construction agency or contractor leaves an unsafe road condition.
How Does a Truck Accident Wrongful Death Claim Work In Montana?
Filing a Montana wrongful death claim may seem intimidating, but experienced truck accident attorneys do not charge upfront fees and take on the stress of the claim on your behalf. With contingency-based payment, they only take their fee after recovering compensation for you. In other words, your lawyer works for you and absorbs the financial risks until you receive your family’s wrongful death compensation. Your Montana truck accident wrongful death lawyer does the following:
- Conducts an independent investigation to determine and prove liability
- Compiles evidence of liability and carefully calculates your past, present, and future damages
- Sends their findings to the at-fault party’s insurance company in a demand package
- Negotiates with the insurance company to recover the maximum compensation for the family’s damages
- Achieves a settlement for wrongful death damages or takes the matter to court in a lawsuit for a jury to decide
Most Montana wrongful death cases after a truck accident end with a settlement for damages such as funeral and burial costs, the lost income for the earning years the decedent would have had remaining to them, and compensation for grief, anguish, and loss of companionship and consortium, or a parent’s support and guidance.
How Can a Montana Truck Accident Attorney Help?
If you lost a loved one in a devastating truck accident in Montana, reach out to Beck, Amsden & Staples PLLC for the experienced guidance and assertive legal advocacy your case needs to achieve the maximum compensation available to your family.