Maison Law supports the families of fatal truck accident victims in Livermore. If you’ve lost a family member in a fatal truck accident, the wrongful death attorneys at Maison Law are here to help. We understand no amount of money can make up for the loss of a loved one, but there are options to alleviate your financial burdens. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Fatal Truck Accident in Livermore?
Fatal truck accidents happen far more often than most people think. According to the Transportation Injury Mapping System in 2021, there were 326 truck accidents in Livermore’s Almeda County involving serious or fatal injuries. But the unfortunate truth behind these statistics is the hundreds of families who have lost loved ones due to another person’s careless actions, burdening them with debt, funeral costs, and grief. If you’ve lost a loved one due to a trucking accident, it is advisable to speak with a wrongful death lawyer about your situation. An attorney will be able to hold all liable parties accountable for your:
- 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
When is a Person Liable for a Wrongful Death in a Fatal Truck Accident?
Let’s say, for example, a person is leaving downtown Livermore one night after seeing a movie at Vine Cinema and Ale House. They’re pulling out onto Stanley Street when a truck without its headlights on plows into the driver’s of the vehicle. The driver is fatally injured and passes away before paramedics arrive. How is liability proven in this case?
In the state of California, the surviving family can bring a wrongful death action in a fatal truck accident 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 decedent’s family) 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 driver should have been more cautious when pulling out onto the road late at night, the duty of care was already breached by the truck driver who failed to have their headlights on.
Wrongful Death v. Survival Action Claims
“Wrongful death” and “survival action” are two types of lawsuits that may be filed against someone who intentionally or carelessly caused the death of a loved one. The difference between the two claims is who is allowed to file. A wrongful death claim seeks compensation for the surviving loved ones, which covers funeral expenses, loss of financial earnings, emotional support, and loss of companionship, as well as all other things the decedent would have provided.
Survival action seeks compensation on behalf of the estate for the damages endured due to the untimely passing of the decedent. This claim represents the things the decedent would have filed if not for their death, which includes medical treatment and property damage. Survival action also includes punitive damages if the death was caused by extreme recklessness or malice.
It is also important to note that representatives of the decedent’s estate and family members often overlap. So, it is possible for a family member to file a wrongful death claim and a survival action claim if both are warranted. However, these claims adhere to their requirements and statute of limitations. That’s why it is important to have a reputable wrongful death attorney to ensure both of these claims can be filed if they apply to your specific situation.
What is the Typical Compensation for a Fatal Truck Accident in Livermore?
It is difficult to assign a dollar amount to the grief and trauma experienced by the surviving family members of a fatal truck accident. This is due to most wrongful death cases having widely varying results. However, your economic damages and non-economic damages can be added up to give you an idea of what your case is worth. These damages include:
- Lost wages
- Medical bills
- Funeral and burial expenses
- Pain and suffering
- Loss of consortium
Ultimately, the severity of your damages will need to be proven to the insurance, or a jury in court, with irrefutable evidence to receive compensation for your damages.
Contact a Fatal Truck Accident Lawyer in Livermore
If you’ve lost a loved one due to the careless driving of another, the wrongful attorneys at Maison Law are here to get you compensation for all you’ve endured during this difficult time. Contact Maison Law today for a free consultation and case evaluation. Our firm does not charge clients upfront for our counsel. We operate on a contingency-fee basis and you will not pay a cent until we’ve won your case.
