Maison Law represents families who lose loved ones in heartbreaking Hanford truck accidents. When a reckless truck driver causes a fatal collision, the victim’s family can seek full financial support to deal with immediate difficulties and hardships in the future. Our wrongful death lawyers offer all family members a free, confidential case consultation. Schedule a case review to determine how much support an insurance company should provide to your family after a tragedy.
Do I Need a Lawyer After Losing Someone in a Fatal Truck Accident?
A difficult aspect of losing a loved one is understanding the legal process of a wrongful death. Insurance companies count on most people being unaware of their legal rights because it allows them to offer fatal accident victims’ families a much lower amount than they’re owed. Unfortunately, taking advantage of people while they’re grieving is not illegal and insurance companies will prey upon people in their most vulnerable states.
The Wrongful Death Attorneys at Maison Law will protect a family’s right to compensation after losing a loved one. We ensure the decedent is not at risk of being partially liable for the accident, which would lessen the settlement amount. In addition, our law firm also provides the following services:
- Increase your initial settlement by assigning blame to all liable parties
- File a lawsuit to get you compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Funeral and burial costs
- Connect you to trusted doctors and ensure continued medical treatment
- Build a case by gathering evidence such as:
- Proof of the damages you and your family have suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence of the accident was in no way the decedent’s fault, nor could they have done anything to prevent it
- File a claim in court if a settlement cannot be reached and present your case in front of a jury
It is important to note these processes take time. Some may even have strict deadlines, which is why it is recommended to discuss your situation with our attorneys sooner rather than later.
Who Can File a Wrongful Death Lawsuit in Hanford?
According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim. It is important to note that California recently passed Senate Bill 447. This wrongful death law affects the types of damages a victim’s estate can recover in survival action.
Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.
What Happens in an Accident if the Truck Driver is Uninsured?
There are lots of truck drivers who are independent contractors and drive under their own insurance policy. So, what do you do if a loved one is involved in a fatal accident with an uninsured truck driver? If an uninsured truck driver causes a fatal car accident, it is recommended to see if the insurance policy on the decedent’s vehicle covers uninsured motorists (UM). If it does, then the insurance policy will cover some, if not all of your damages. Even if the truck driver is uninsured, you can file a personal lawsuit against them to recover damages. To do that, you will need an attorney to file the lawsuit and prove the uninsured driver was at fault for the accident, as well as the wrongful death.
Assuming the truck driver cannot afford insurance, they’ll most likely be unable to compensate you for your damages. If that’s the case, there are other avenues you can take to be fully compensated; however, it is advisable to consult with one of the Wrongful Death Attorneys at Maison Law to understand your legal options in this case.
What Factors Influence a Wrongful Death Settlement for a Fatal Truck Accident?
Settlement amounts in fatal accidents vary based on a number of factors, but the main determining factor is the degree of fault by the “at-fault” party. The settlement is also dependent upon the details of your case. These details include:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a comparative negligence state. This means fault can be assigned anywhere from 1% to 99%. The settlement will be reduced by the percentage of fault.
- Insurance policy limits of the at-fault party: if the accident was caused by a careless driver, then your settlement will most likely come from their insurance policy. Drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
These details are often revealed through legal processes. One of our attorneys will guide you through each one step by step. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:
- Interrogatories: written questions both parties must answer under oath
- Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
- Request for production of documents: all documents to back up each party’s claims must be presented to both sides
- Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims
What is the Typical Compensation for a Fatal Truck Accident?
Compensation for fatal truck accidents varies widely based on factors such as the amount of income lost due to the loss of your loved one, the amount of medical bills owed due to the accident, and the funeral expenses. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered due to the untimely loss of a loved one. These damages 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
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
It is also important to note there is no limit to the amount your non-economic damages can be worth in California. While economic damages can be limited to a certain amount, non-economic damages can be whatever the insurance company or a jury decides is fair based upon the details of your situation.
The Deadly Hazards Created by Trucks on Hanford Roads
Frequent travelers on Hanford’s busiest routes have likely had moments where they’ve had to steer clear of a big rig taking up more than one lane. They may have had to worry about a van coming up fast behind them, wondering if the delivery driver would be able to stop in time to avoid a collision.
These dangerous situations and others occur along busy routes like Highway 198 and Lacey Street every day. Giant vehicles on the road for local farms, orchards, and manufacturers put local drivers in danger. It’s hard enough to keep semi-trucks and produce vehicles under control. But then you must also factor in the carelessness of some truck drivers who don’t take safety as seriously as they should.
These are just some of the factors and reckless decisions that can easily lead to a deadly collision:
- Weight – Semi-truck can weigh up to 80,000 lbs. Some Amazon vans may carry thousands of pounds of packages. A normal mid-sized SUV may only weigh 5,000lbs. The weight makes them harder to slow down and carry deadly force into impacts. When smaller cars and SUVs suffer truck collisions, the results can be devastating.
- Shape and Size – The shape of the trucks also makes them more likely to extend into your lanes and take wider turns creating additional accident risk. Large trucks are difficult to control and have a lot more blind spots too. Higher-sitting cabs and tractor-trailers also create the risk for drivers to end up underneath them after a collision. Victims might lose their lives while waiting for rescue.
- Careless Truck Drivers – There’s also the truck driver behind the wheel, who may be looking at a phone or tablet to find the next stop. The driver could also be texting or looking for music. The driver could simply be drowsy after a long, hot day and not paying attention to your car stopping ahead.
- Maintenance – You may have noticed that some semi-trucks and vans look like they are kept in better shape than others. A lapse in tire or brake maintenance could lead to a crash and leave a trucking company liable. These built-in dangers and more can make travel alongside a big truck that much more risky.
The risks are all around Kings County, and local families can get the worst news of all after a truck driver’s mistake. Families will deal with the emotional pain and financial toll after a tragedy. A Hanford truck accident lawyer gathers the evidence to make sure truck drivers and their employers can’t abandon a family at such a terrible time.
Seeking Support for the Families After a Fatal Truck Accident
A skilled truck accident attorney would file a claim that included a complete list of hardships the family had been through and would go through in the years ahead.
These are just a few of the factors that determine the amount on a wrongful death settlement check for the family:
- Expenses of a funeral service and burial.
- The ambulance fees and any hospital bills accumulated before the victim passed away.
- The paychecks and work benefits the victim will no longer provide in the years to come.
- Emotional trauma suffered by family members. This can include the loss of the love and guidance victims won’t be able to provide in the years to come.
- Loss of consortium. (The loss of intimacy now that a partner is gone)
- Cost of grief counseling and other mental health services.
Frequently Asked Questions
Who can file a California wrongful death claim?
A spouse or children of the victim would usually have the first right to file a wrongful death claim on behalf of the family. In some cases, the parents or siblings of the victim could file. A wrongful death attorney can also file this claim on behalf of the family and make sure those at fault can’t escape responsibility.
Who can be held financially responsible after a Kings County truck accident?
The truck driver will have commercial truck insurance that is in place to help the victims of accidents. The driver’s employer, like a trucking company or packing plant, may also carry insurance for its truck drivers. In some cases, a truck manufacturer could be held liable if a defect in the truck contributed to the accident.
What if I can’t afford to pay a fatal truck accident lawyer?
Your family can still afford the protection of a Maison Law attorney. We don’t get paid unless we win your case for you. Then, our fee comes out of the insurance settlement check a trucking company must pay your family.
Contact a Hanford Fatal Truck Accident Attorney
Contact Maison Law to schedule a free, no-obligation consultation. It’s a confidential opportunity for families to talk with an actual lawyer and work out their best options after a tragedy. We’re going to answer your questions and make sure you are made fully aware of every benefit a trucking company should be providing to your family. A truck driver and the company the driver works for could be fully responsible for supporting loved ones now and in the years ahead.
