Visitor Question

Truck Driver Killed in Rear End Accident…

Submitted By: Anonymous (Alabama)

While my Dad was driving in his company truck on the interstate, another trucker pulled out of the emergency lane at about 15 mph in front of my dad, causing him to hit the rear end of the other truck, ultimately killing my dad.

I was just wondering what’s the average settlement for a wrongful death trucking accident in Alabama? Does workers compensation pay or due we sue the other trucker, or the company he works for? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

If your dad was working at the time of the collision his workers compensation plan should pay a pre-designated amount for his death. The insurance company providing workers compensation to your dad’s employer has a payment structure for the payment of monies for certain serous injuries, including the death of an employee. You will have to check with the workers compensation claims adjuster to find out what that amount is.

Take a look at the police report. From the facts you present it is difficult to tell whether the other driver was at fault for “Entering the Flow of Traffic When it Was Unsafe to Do So”, or whether your dad was at fault for “Following too Closely”.

If the other driver was at fault the estate of your dad should seek compensation from the truck driver and his insurance company. If the truck driver was employed by another company at the time of the collision your dad’s estate has a cause of action against the driver’s own personal insurance policy and the insurance policy for the company he worked for.

Without substantially more factual and legal information it is impassible for us to give you a legitimate estimate of the worth of your dad’s case. That will be left to the attorneys and the insurance companies.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 15, 2012

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