Maison Law represents families who have lost a loved one due to a fatal truck accident in Lancaster. If you’ve suffered the untimely loss of a loved one, then the Wrongful Death Attorneys at Maison Law can file a lawsuit on your behalf to get you the compensation you need to get your life back in order.
We understand there is no replacing the loss of a loved one but there are legal options to help you protect your family’s financial future. Contact Maison Law today for a confidential, no-cost consultation.
Get Legal Help After a Lancaster Fatal Truck Accident
At Maison Law, we hold the insurance company responsible for the full extent of your damages. Insurance adjusters may try to minimize your family’s hardships or assign liability to the decedent, but our experienced Wrongful Death Lawyers will bind them to their legal obligation to provide you with fair compensation.
A fair settlement from the insurance company includes:
- 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
Liability in a Lancaster Fatal Truck Accident
Let’s say, for example, a person is leaving Laemmle Blvd Cinemas one night after seeing a movie. They’re pulling out onto Lancaster Blvd when a truck without its headlights on plows into the side of the vehicle. The driver in the vehicle is fatally injured and passes away before paramedics arrive. How is liability proven in this case?
In this case, the surviving family can bring a wrongful death lawsuit against the truck driver if a direct act of carelessness, recklessness, or an intentional wrong act caused their loved one’s death. In a case like this, the plaintiff (the family of the decedent) must prove the defendant (the truck driver):
- 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
- The reckless act was foreseeable and could have reasonably been avoided
So, while the defendant might try to suggest the family’s loved one should have been more cautious when pulling out onto Lancaster Boulevard late at night, the duty of care was already breached by the truck driver who failed to have their headlights on.
It may seem like a straightforward wrongful death case, but defense attorneys can be ruthless and will suggest anything to make the decedent responsible for their own death. For that reason, it is recommended to speak with an experienced Wrongful Death Attorney to protect families in Lancaster from liability.
Types of Fatal Truck Accidents
With thousands of trucks driving around the country every day, truck accidents are unfortunately a common occurrence. In 2020, truck accidents made up 11% of all deadly accidents in the United States, totaling 4,895 fatalities. The most common truck accidents are:
- Jackknife accidents: this happens when the trailer swings out at a 90-degree angle. This usually happens when the brakes are applied suddenly or the driver loses control
- Rear-end collision: occurs when the truck crashes into the vehicle in front of it
- Underride accident: these accidents are the most deadly because they occur when a smaller vehicle slides underneath the trailer of a truck
- T-bone collisions: side-impact crashes happen when the truck hits the side of another vehicle
- Rollover accidents: occur when a truck flips over on its roof due to taking a sharp turn, speeding, or improper loading.
What is the Typical Compensation for a Fatal Truck Accident in Lancaster?
The settlement amount for truck accident cases depends on numerous factors such as liability and the severity of your damages due to the untimely loss of your loved one. Damages can be broken down into economic damages and non-economic damages. Together, these 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
If the decedent was found partially to blame for the accident, you and your family are still entitled to compensation. California adheres to the 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.”
So, if your loved one was partially at fault for the accident, you and your family still reserve the right to compensation, it will just be reduced by the percentage at which the decedent was found at fault.
FAQs
Q: Do trucking companies have to carry insurance for wrongful death?
A: Yes, federal regulations in California require trucking companies to carry liability insurance, which covers wrongful death accidents.
Q: How long do I have to file a lawsuit for a fatal trucking accident?
A: Two years. The statute of limitations in California allows families of the victim to file a wrongful death claim within two years of the date of the accident, or two years from date the family became aware of their loved one’s death.
Q: What if I can’t afford a lawyer?
A: At Maison Law, there is no upfront fee for our services. Our firm operates on a contingency basis, meaning there are no charges unless we win your case. After your case is won, then a prior, agreed-upon percentage will be taken out of the final settlement.
Contact a Lancaster Fatal Truck Accident Lawyer
If you’ve lost a loved one in a fatal truck accident due to a careless or reckless truck driver, the Wrongful Death Lawyers at Maison Law can provide you with legal support. Our firm has handled many successful wrongful death cases and given families the justice they deserve after suffering a loss that never should have happened. Contact Maison Law today for a free consultation and case evaluation. Our legal services are confidential and come with no obligation to sign with us until you’re ready to take legal action.
