Large trucks often cause deadly accidents because they are difficult to control and drivers have a much smaller margin for error.
A fatal accident occurred on the Chesapeake Bay Bridge – Tunnel and the body of one of the victims was recovered from the water. The best course of action in these situations is for a surviving family member to file a wrongful death claim on the behalf of the deceased person with the help of the right attorney.
Two dead after truck goes off of a bridge and into the bay
The exact cause of the accident is unknown, but there were two dump trucks stopped and blocking the road on the west edge of the bridge in the section where the large semi truck broke the guard rail and descended into the water. A van was also hit by the truck but none of the passengers sustained any serious injuries.
Several witnesses who were nearby claim that there were two people were in the truck in the moments before it went off of the bridge and into the Chesapeake Bay. Rescue crews found the trailer and cab in an area that was submerged under approximately twenty feet of water. They had to wait for a low tide to attempt to remove the body from the wreckage. The second body was not found or recovered. The speed limit had also been reduced in the area shortly before the accident due to incoming inclement weather.
Wrongful death claims under Virginia law
In most fatal accidents, there is the possibility of the victim’s family filing a wrongful death lawsuit. In a situation like the one described above, the deceased man’s family can file the claim against his employer because he was working at the time of the accident, along with any other drivers who are found to be responsible. The language in the statute specifically describes a wrongful act, neglect, or default, which essentially means that it would need to be the same type of incident that would support a personal injury lawsuit. There is also a two year statute of limitations, which means the claim needs to be filed within a fairly short time after the accident. The categories of family members who may file this kind of claim are limited to spouses, children, grandchildren, or someone who would be entitled to inherit the estate, with spouses and children receiving priority over the others.
There are a few categories of damages related to these kinds of claims. Virginia law allows surviving family members to collect for their mental pain and sorrow, lost wages and future lost wages of the deceased person, medical treatment, funeral expenses, and punitive damages when the defendant engaged in egregious behavior. The size of the amounts tied to these damages will vary with the severity of the accident and the victim’s earning potential.
Talk with a truck accident lawyer about a recent accident
For immediate assistance after any kind of accident involving a truck in the Chesapeake area contact Roy, Larsen, Carnes, and Romm, PC. The partners at RLCR Law have almost a century of combined experience dealing with all kinds of personal injury cases.