Alabama wrongful death

This Alabama wrongful death lawsuit involves a logging truck which rear-ended a stopped van. According to news reports, James Sanderson was sitting in his van which was stopped at a traffic light in January of 2008 when a logging truck, owned by Ken Gorum Trucking and driven by Gary Fruge, rear ended Sanderson's van and killed him almost instantly. His wife, Annie, filed a wrongful death lawsuit against the driver and the company.

Although the defendants maintained that the driver was not speeding, Sanderson's wrongful death attorney was able to reconstruct the accident and prove to the jury that the driver was actually driving at a speed between 65 – 70 mph in a 50 mph zone and that the truck's brakes weren't properly adjusted – which is why he couldn't stop in time to avoid hitting Sanderson.

A jury awarded her $3.5 million which represents punitive damages as Alabama's law does not allow placing a dollar value on a person's life for public policy reasons. Attorneys say that the state takes the view that one life is not more important than another, so placing a higher dollar value on the life of the president of a company versus a custodial worker is something that is not done.

Statute of limitations

Alabama does require that you file a wrongful death lawsuit within two years from the date of death (Ala. Code § 6-5-482). Although this statute of limitations is subject to tolling for minority or disability, in no event may an action be brought more than four years after the act or omission, except that a minor who is under the age of four at the time of the act or omission accrues has until his eighth birthday to commence an action. An experienced Alabama injury attorney can explain how the process works, analyze your situation and evaluate your legal options.