Maison Law is here for the families of fatal truck accident victims in Clovis. There is no replacing the loss of a loved one. However, you have the option to take legal action against those responsible to get the financial support you need for you and your family. Contact Maison Law today to see what legal options are available to you.
Do I Need a Lawyer for a Fatal Truck Accident in Clovis?
According to the National Safety Council, California has the second-highest truck accident fatalities in the United States. This is due to the amount of population-dense areas and trucks driving across the state every day. In Clovis’s Fresno County alone, in 2022, there were over 200 truck accidents involving severe or fatal injuries. The unfortunate fact behind these statistics are the hundreds of families who have lost loved ones due to a careless truck driver’s actions.
Although no amount of money can replace a loss as significant as a family member, there are ways to make the grieving process easier. Wrongful death victims can partner with an attorney in pursuit of fair compensation. Those impacted by the untimely loss of a loved one can seek damages from the liable party and avoid the financial burdens associated with an unexpected loss. Damages that may be recovered include:
- Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
- Funeral and burial expenses
- Lost income, which includes income from the time of the accident and future lost income
- Loss of household services your loved one used to provide
- Pain and suffering the decedent was exposed to before their untimely death
- Medical bills the decedent may have accumulated
- Loss of consortium
It is important to note that even if your loved one is found partially at fault, you and your family can still file a wrongful death claim and are still entitled to damages. The legal complexities of a wrongful death lawsuit may seem intimidating, but it is advisable to consult an experienced wrongful death attorney to see what options are available to you.
When is a Person Liable for a Wrongful Death in a Fatal Truck Accident?
In the state of California, the surviving family can bring a wrongful death action in a fatal truck accident if a direct act of carelessness, recklessness, or an intentional wrong act caused their loved one’s death. In a wrongful death lawsuit, you and your family are the plaintiffs, and the liable party you are suing is the defense. The plaintiff must prove the defendant:
- Had an obligation to act with reasonable care
- Breached their “duty of care”
- As a result, the plaintiff suffered the loss of a loved one as a direct result of the careless action
- The reckless act was foreseeable and could have reasonably been avoided
In the case of a fatal truck accident, the careless, or reckless, act could be several things. On the road, the most common causes of fatal truck accidents include:
- Driving under the influence (DUI): this action is one of the leading causes of fatal truck accidents in California.
- Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
- Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal truck accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
- Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
How Do Wrongful Death Attorneys Determine Fault in Fatal Truck Accidents in Clovis?
Proving fault is something that is often overlooked when families of fatal truck accident victims file a wrongful death lawsuit. However, it is an important part of recovering compensation. A fatal truck accident may seem straightforward, but assigning liability can be a complex process. Unfortunately, the insurance of the liable party can outright deny liability, or even assign blame to the decedent. This is why establishing fault is essential to supporting your claim. The evidence necessary to prove fault includes the following:
- Crash reports, police reports, and witness statements
- Testimony from accident scene investigators and expert witnesses
- Medical evidence, as well as photos
- Video and photos of the accident
- The other driver’s phone records through a subpoena if distracted driving is suspected
Each of these elements can tell a story of how the accident occurred and make it irrefutably clear as to who was responsible for the fatal truck accident. It is important to note, there are usually multiple liable parties involved in truck accidents. Depending on the details of your claim, these could include:
- The truck driver
- The truck maintenance company
- The trucking company
- Truck part manufacturer
- City, county, or state agency that may have created a hazardous road condition
In the event the decedent is found partially at fault for the accident, you and your family are still entitled to collect damages, according to California’s Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
What Damages Can Be Recovered After a Fatal Truck Accident in Clovis?
The damages in a fatal truck accident aim to compensate the heirs of the decedent for economic and non-economic losses. Also, the extent of damages recoverable is determined by the life expectancy of the decedent at the time of their wrongful death. Economic damages are quantifiable losses, which include:
- The financial support received from the decedent
- Loss of income the decedent would have continued to earn
- Funeral and burial expenses
- Loss of benefits the family would have received from the decedent
Non-economic damages cannot be calculated in dollar amounts. These include:
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
While some wrongful death cases are tried in court where a jury and judge are involved, many get settled out of court. In settlements, compensation is paid out by the defendant’s insurance and is considered non-taxable by the IRS as wrongful death claims are excluded from gross income.
Contact a Fatal Truck Accident Lawyer in Clovis
If you’ve lost a loved one due to the careless driving of another, the truck accident attorneys at Maison Law do not back down from complex wrongful death cases. We advocate aggressively on the side of Clovis families seeking compensation for the untimely loss of a loved one. There is no amount of money that can make up for your loss, but we’d like to help you get through this difficult time. Contact Maison Law today for a free consultation and case evaluation.
