Maison Law represents the families of victims in fatal truck accidents in Delano. Any truck accident is challenging, but there’s an added layer of difficulty when it’s fatal. Losing a loved one in a truck accident is incredibly painful for you and your family. While the emotional toll is huge, there are legal options available. Contact us today for a free consultation to explore these options rights and next steps.
Why Would You Need a Lawyer After a Fatal Truck Accident in Delano?
After any accident, you have the option to file an injury claim without a lawyer. However, every accident is different, and the more serious the injuries or the situation, the more likely you are to need professional legal help. In the case of a fatal truck accident, the potential challenges with the legal process make it crucial to have an experienced team by your side.
If you’ve lost a loved one in a fatal truck accident in Delano, our team can help by:
- Explaining you and your family’s legal options and rights
- Helping with the collection of evidence
- Negotiating with insurance companies on your behalf
- Helping file a wrongful death lawsuit if necessary
While no legal action can replace the loss of a loved one, we’re here to guide you through the process and help your family find some level of closure and financial relief.
What Claim Do You File After a Fatal Truck Accident in Delano?
When there’s a fatal truck accident in Delano, the legal process differs from a typical accident. Instead of filing an injury claim, the family of the deceased will file a “wrongful death” claim. In California, a wrongful death claim can only be filed by:
- Surviving spouses
- Surviving children
- Parents, heirs, stepchildren, or “personal representatives” of the estate
Once this is set, the claims process looks much like a normal accident claim. Whether you want to file out of court through an insurance claim depends on the policy, but most liability insurance policies have wrongful death coverage. Otherwise, you can file a lawsuit in civil court.
Whichever option you choose, the damages that are available in a wrongful death claim are also a bit different. They usually cover things like:
- Medical and funeral expenses – These cover the costs of medical treatment before death, and funeral or burial expenses.
- Loss of financial support – These damages relate to the income the deceased would have contributed to the family.
- Loss of companionship – This accounts for the emotional and social loss of the loved one.
- Emotional distress and pain – These damages provide support for the grief and emotional suffering caused by the death.
- Loss of parental support – These cover the guidance and care the deceased would have provided to their children.
- Loss of future earnings – These damages provide financial support for the future salary and benefits the deceased would have earned.
In California, families have two years from the date of death to file a wrongful death claim, making it important to act quickly. However, truck accidents can complicate the process, as it can be challenging to figure out exactly who is responsible for the accident and who the claim should be filed against.
Who Pays For Damages in a Fatal Delano Truck Accident?
In a fatal truck accident, you might think it’s fairly easy to figure out who’s responsible. But you might also be surprised to learn that it’s not always the truck driver. Basically, what usually makes a truck accident so complicated is that there’s many different people involved in a typical accident. And while it’s true that the truck driver and the trucking company are going to carry at least some share of the blame, it’s ultimately going to come down to the specifics.
Generally, though, figuring out liability for the accident–and who has to pay for your damages–involves showing negligence. So, in most truck accidents (including fatal ones), the following people or groups could be paying for any damages:
- Truck driver – If the driver was speeding, tired, impaired, or negligent, they could be held responsible.
- Trucking company – The company that hired the driver might be liable for their actions on the job.
- Truck or parts makers – If a faulty part caused the accident, the manufacturer could be at fault.
- Cargo loaders – If the cargo was loaded improperly and caused the accident, the loaders may be liable.
- Maintenance workers – If poor maintenance led to the crash, the maintenance crew could be responsible.
- Other drivers – Another reckless driver could also share responsibility for the accident.
Remember, liability is going to come down to the specifics of your case. When there are fatal injuries, going through the legal process becomes even more challenging, but filing a claim means having to do the right things to protect it.
How Can You Protect a Wrongful Death Claim After a Truck Accident?
It’s not just the claims process that becomes more complex after a fatal truck accident. Everything is made more difficult, including the steps that need to be taken to get the evidence and information that forms the foundation of your claim. While some steps remain the same, the focus shifts to proving the full extent of the loss and damages. So, when you’re in a truck accident, here’s what can be done to protect a claim:
- Call 911 – In the case of fatal injuries, calling 911 is hugely important. First responders will confirm the fatality and offer care to anyone else that’s injured. This documentation is critical for any claim.
- Cooperate with police – Fatal accidents require thorough investigation by the Delano Police Department or California Highway Patrol (CHP). The police will gather key information that you’ll need to start your claim.
- Start getting evidence at the accident scene – If possible, collect evidence of the accident, including photos, witness statements, and information from others involved, including the truck driver.
- Preserve whatever evidence there is – Keep all documents related to the accident, such as medical records, funeral costs, and any financial losses, to show the full impact on your family.
Any fatal accident is going to require detailed documentation and evidence, and a truck accident is no different. While it can be tough to take these steps in the immediate aftermath, you can lean on our experienced lawyers to guide you through this challenging process.
What Kinds of Fatal Truck Accidents Are There in Delano?
Not every truck accident in Delano is fatal, but given the huge size disparity and the fact that many of them carry pretty hazardous cargo, it’s really not that surprising that these accidents are so serious–and often fatal.
Still, with negligence involved, it only adds to the tragedy and frustration. Looking at the various types of fatal truck accidents that you could be involved in is important for understanding the process and your options, though. Here’s a closer look at some of the types of fatal truck accidents:
- Head-on collisions – These accidents happen when a truck collides directly with another vehicle, often at high speeds, leading to severe or fatal injuries.
- Rear-end collisions – Trucks rear-ending smaller vehicles can result in fatal accidents due to the large size and weight of the truck.
- Jackknife accidents – When a truck’s trailer swings out to form an angle with the cab, it can cause multi-vehicle accidents, often leading to fatal injuries.
- Underride accidents – Smaller vehicles may slide under a truck’s trailer, especially during sudden stops, leading to catastrophic injuries.
- T-bone collisions – A truck striking the side of a vehicle, often at intersections, can be fatal due to the direct impact on the vehicle’s passengers.
- Rollovers – Large trucks are prone to rollovers due to their size and weight, especially during sharp turns or high speeds, often leading to deadly crashes.
Again, a truck accident is especially scary, and even more devastating when it causes fatal injuries. At the same time, you and your family do have certain legal options that our truck accident lawyers in Delano can help you with.
Contact Maison Law After a Fatal Truck Accident in Delano
Many trucks are on the road in Delano, which unfortunately increases the risk that you or a loved one could be in an accident. And given that fatal injuries often happen in these accidents, you have to be prepared. But it’s also hard to think about. At Maison Law, we understand how tragic a fatal truck accident is, and though you never want to face it, you might have to. We’ll be there to guide and support you and your family. Contact us today for a free consultation if you’ve lost a loved one to a fatal truck accident.
