Maison Law represents the families of victims who have been killed in truck accidents in Hayward. Losing a loved one in a truck accident is incredibly difficult. While you and your family have legal rights, the process of seeking justice can feel overwhelming. If you’re facing this situation in Hayward and need guidance, reach out to us for a free consultation–we’re here to help.
Do You Need a Lawyer After a Fatal Truck Accident?
Truck accidents, especially those involving big rigs, can be extremely dangerous. Unfortunately, it’s not uncommon for these accidents to result in fatalities. No one ever wants to deal with this reality, but if it happens, it’s important to understand your legal options. While hiring a lawyer isn’t required, speaking with our team can make a significant difference in how things play out. We can help you or your surviving family members by:
- Breaking down the legal process step by step
- Investigating what caused the accident
- Determining who is responsible
- Gathering key evidence
- Guiding a claim from start to finish, whether through an insurance settlement or in court
Losing someone in a truck accident is life-changing. Our team takes a personalized approach, with the overall goal of making sure your family gets the financial support needed to move forward.
What Makes a Fatal Truck Accident Legally Different From Others?
As you might expect, fatal truck accidents are different from typical crashes, and the legal system recognizes this by allowing families to file wrongful death claims when one happens. This type of claim is similar to a standard injury claim but can only be filed by surviving spouses, children, or people named in the will.
Once this is taken care of, the process follows the usual steps: the claim can be made through insurance or as a lawsuit in court. The goal is to recover damages from those responsible. However, it’s here that there’s another major difference: the damages. A wrongful death claims cover different types of losses, including:
- Medical and funeral costs – This covers hospital bills and funeral expenses paid by the family.
- Emotional distress – This relates to costs associated with the grief and emotional suffering of those left behind.
- Loss of parental support – This covers financial support for children or other dependents who relied on the deceased person’s guidance and support.
- Loss of future earnings – This covers costs relating to the salary and benefits the deceased would have earned.
- Loss of financial support – Similarly, this covers the income the deceased would have provided to the family.
- Loss of companionship – This provides financial support for the emotional and social impact of losing a loved one.
While taking legal action can be difficult during such an emotional time, acting quickly is crucial. California law mandates a strict two-year deadline from the date of death to file a wrongful death claim. Missing this deadline means losing the right to seek these damages, and your family might miss out on crucial financial support that allows them to move forward. And this process raises another important question: who actually has to pay for these damages?
Who Pays for Damages After a Fatal Truck Accident?
One of the biggest legal questions after a fatal truck accident is who is responsible for covering damages. Unfortunately, truck accidents are complex due to the number of people involved. The legal standard is straightforward: whoever acted negligently and caused the accident is responsible for damages.
However, determining liability depends on what actually happened, and this is where a lot of the complexity comes in. Most of the time, though, the following parties are the ones that are responsible:
- Truck drivers – If the driver was speeding, distracted, or driving under the influence, they’re most likely liable.
- Trucking companies – Along with the driver, the company they drive for can carry some of the liability If they failed to train or supervise drivers, skipped maintenance, or forced unsafe work conditions.
- Truck or parts manufacturers – If a defect in the truck or its parts caused the accident, the company that made the truck or its parts might be liable.
- Cargo loaders – If improperly loaded cargo led to the accident, the company or workers that were responsible for loading it could be liable.
- Maintenance workers – If poor maintenance or missed repairs contributed to the crash, the company or individual workers that were responsible for maintaining the truck could be liable. This is also true if they’re contracted out by the trucking company and don’t work for them directly.
Because truck accidents have so many potential causes, figuring out who all is responsible is critical. This is because it determines who the claim will be filed against and who must pay for damages. However, to get the most out of a wrongful death claim, it’s important to build a strong case.
How Can I Protect a Claim After a Fatal Truck Accident?
It’s incredibly difficult to face a fatal truck accident, whether you’re the one involved or it happens to someone you love and care about. It’s not just emotionally difficult, but it’s also difficult in terms of taking the necessary steps needed to protect and strengthen a wrongful death claim because you might not even be there when the accident happens. Regardless, the following steps are going to need to be take in one way or another to protect a potential claim:
- Call 911 – Calling 911 is incredibly important in any truck accident, even one that’s fatal. EMTs will confirm any fatalities and provide medical care to survivors. Their reports will be key evidence.
- Ask for the police – While 911 is on the line, ask that they also send the local police. Officers from the Hayward Police Department (HPD) or California Highway Patrol (CHP) will investigate and document the crash. They’ll also manage the scene.
- Be careful with statements – If you talk to police, anyone else involved, or insurance reps, be very careful with what you say. Don’t admit fault and just stick to the facts.
- Gather evidence – If possible, take photos, talk to witnesses, and collect insurance details from everyone involved.
- Keep any evidence and records – Save medical bills, funeral expenses, and financial loss documents to show how the accident has affected your family.
While these steps can be difficult in such an emotional time, they are crucial for building a strong case. But it’s also about being prepared, and that means understanding why these accidents happen in the first place.
What Causes Most Fatal Truck Accidents?
It’s pretty easy to understand why a truck accident is more dangerous than a typical car accident–a big rig or even smaller delivery truck is still larger and heavier than your car. While Hayward isn’t necessarily more accident-prone than other areas, the factors behind fatal truck crashes tend to be the same:
- Poor maintenance – Faulty brakes, worn tires, or mechanical failures can cause accidents.
- Overloaded cargo – Excess weight or unsecured loads can make trucks unstable and harder to control.
- Driver fatigue – Long hours on the road can lead to drowsiness and slow reaction times.
- Distracted driving – Looking away from the road, even for a second, can lead to deadly collisions.
- Speeding – Many truckers rush to meet deadlines, increasing the impact of a crash.
Any truck accident has the potential to be fatal, but understanding the legal options available can help you and your family get some measure of justice and financial support. It might not bring back a loved one, but it can help you move forward.
Contact Maison Law After a Fatal Truck Accident in Hayward
Losing a loved one in a truck accident is devastating, no matter what the situation is. With so many large trucks on Hayward roads, the risk is always present. However, knowing your legal rights can help you and your family move forward. At Maison Law, we have the experience and resources you need to make sure your family gets the support it needs. Contact us for a free consultation to learn more about your options.
