Maison Law represents the family of victims of fatal truck accidents in Dinuba. Every truck accident is damaging in some way, but unfortunately, most of them can end up resulting in the death of you or a loved one. This is an incredibly difficult situation, but your family still has legal options. To learn more, contact us today for a free consultation.
Why Should You Get a Lawyer?
Even in a fatal truck accident, you aren’t required to have a lawyer. You (or your surviving family members) can certainly go through the claims process alone. However, given that there’s even more challenges with a fatal accident, getting a lawyer can make an already tragic and difficult process much easier.
Our experienced team of truck accident lawyers can help by:
- Explaining your legal rights and options
- Helping gather important evidence and information
- Figuring out who’s at-fault
- Negotiating with insurance companies
- Filing wrongful death claims in court
Again, every truck accident carries the risk of being fatal. While it’s very hard to think about, being prepared is an essential part of these types of cases. Our team understands what you’re going through, and want to make things as easy as possible.
Who’s Responsible For a Fatal Truck Accident?
One of the toughest things about any truck accident is figuring out who’s responsible. It’s actually more difficult than it first appears, because it doesn’t always fall on the truck driver. Rather, the legal responsibility–known as liability–for the accident often involves multiple people and groups. The truck driver and their company usually carries at least some responsibility, but it ultimately depends on the details of what happened.
So, when looking at who’s responsible, any of the following could be:
- Truck driver – If the driver was speeding, fatigued, impaired, or otherwise negligent, they could be liable.
- Trucking company – The company that hired the driver may be responsible for the driver’s actions while on the job.
- Truck or parts makers – If a defective part caused the crash, the manufacturer may be held accountable.
- Cargo personnel – If improperly loaded cargo led to the accident, the loaders could share the blame.
- Maintenance workers – Poor maintenance can result in accidents, making maintenance personnel potentially liable.
- Other drivers – In some cases, another reckless driver could also be partially responsible.
In fatal cases, the legal process becomes even more complicated, but the legal process becomes even more important to your family’s ability to move forward.
How Does the Claims Process Work After a Fatal Truck Accident?
The major difference in the claims process between a regular truck accident and a fatal one lies in the type of claim that’s filed. Instead of filing a personal injury claim, the family of the deceased will need to file a:
- Wrongful death claim.
Under California law, only specific individuals are allowed to file this type of claim, including:
- Surviving spouses or domestic partners
- Surviving children
- Parents, heirs, stepchildren, or “personal representatives” of the estate
Once eligibility is established, the claims process is similar to that of a regular truck accident claim. Whoever files can choose between either:
- An insurance claim out of court, depending on the policy, as most liability insurance covers wrongful death
- Wrongful death lawsuit in civil court
The damages available in a wrongful death claim are obviously also pretty different from a standard injury claim and can include things like:
- Medical and funeral expenses – This covers the costs of medical care before death, as well as funeral and burial expenses.
- Loss of financial support – These damages are for the income the deceased would have contributed to the family.
- Loss of future earnings – Financial support for the future salary and benefits the deceased would have earned.
- Loss of companionship – This accounts for the emotional and social impact of losing a loved one.
- Emotional distress and pain – Similarly, this covers the costs relating to grief and emotional suffering from the loss.
- Loss of parental support – This covers costs relating to the guidance and care the deceased would have provided to their children.
Despite the hardship of a fatal truck accident, the statute of limitations for filing is still two years from the date of death. So, it’s important to act quickly. But at the same time, it’s also important to look at how these accidents turn fatal.
What Kinds of Fatal Truck Accidents Happen in Dinuba?
Obviously, any truck accident in Dinuba has the potential to be fatal. It’s not really all that complicated to see why: there’s such a huge size and weight disparity between trucks and smaller vehicles that a collision is almost always going to be more impactful for you in your smaller car. Then, when you add negligence and the fact that many trucks carry pretty hazardous cargo, it makes things even worse. Still, there’s certain kinds of truck accidents in Dinuba that can happen to you:
- Jackknife accidents – This occurs when a truck’s trailer swings out, forming an angle with the cab, leading to multi-vehicle accidents that often result in fatalities.
- Underride accidents – Smaller vehicles may slide under a truck’s trailer, especially during sudden stops, causing catastrophic injuries.
- Rear-end collisions – When a truck hits a smaller vehicle from behind, the impact can be deadly due to the truck’s weight and size.
- T-bone collisions – When a truck hits the side of a vehicle, usually at intersections, the impact can be fatal for your vehicle’s passengers.
- Rollovers – Trucks can roll over due to sharp turns or high speeds, leading to deadly crashes because of their size and weight.
- Head-on collisions – These happen when a truck crashes directly into your vehicle, often at high speeds, causing severe or fatal injuries.
Fatal truck accidents are devastating, but legal options are available to you and your family. But remember, anytime there’s a claim filed, it’s going to rely on certain information and evidence that needs to be gathered right after the accident itself.
What Should You Do After a Fatal Truck Accident?
Even if you have the right to file a wrongful death claim, you still need to show the full extent of your family’s losses and damages. Building a strong case can be challenging, especially in a fatal truck accident, but there are steps you can take to strengthen your claim:
- Report the accident to police and EMTs – Call 911 right away to notify the Dinuba Police Department or the California Highway Patrol. Also, ask for an ambulance and let them know if you think there are fatal injuries. If anyone has non-fatal injuries, make sure they get medical attention at the scene.
- Gather information – If possible, collect contact information from witnesses and get their statements. Keep all relevant evidence, such as medical records, photos, videos of the scene, and any official reports.
- Track expenses and losses – Keep detailed records of all costs related to the accident, such as medical bills and funeral expenses, to demonstrate the financial impact on your family.
- Preserve any evidence – Don’t alter the accident scene or dispose of any damaged property. Keeping everything intact can help in proving your case.
A fatal truck accident is overwhelming and traumatic. Following these steps will help you ( or your family) gather the necessary information for a wrongful death claim. Our team is here to provide the guidance and support your family needs during this difficult time.
Contact Maison Law After a Fatal Truck Accident in Dinuba
A fatal truck accident in Dinuba can bring significant challenges and heartbreak to a family. At Maison Law, we understand what you’re going through and are ready to help you explore your legal options. We will guide you through the claims process, strengthen your case, and help you get the support you need. If you’ve lost a loved one in a truck accident, contact us today for a free consultation.
