Truck accidents happen every year in California. Unfortunately, some of those accidents can result in fatal injuries. And oftentimes, loved ones are left to grieve while justice for an untimely loss falls, understandably, by the wayside.
At Maison Law, we understand that the last thing grieving families are worried about is taking legal action. That’s why we manage every aspect of your claim, so you can focus on grieving this untimely loss. The first step may seem difficult, but we’re here for you every step of the way. Call, text, email, or stop by our offices today for a confidential, no-cost case review.
Do I Need a Lawyer for a Fatal Truck Accident?
Losing a loved one in a truck accident is especially hard when the accident was caused by another driver’s careless actions. If the truck driver had acted in a responsible, safe manner, the accident never would have happened. This is something that will need to be proven to an insurance company or in court in order to make sure your family receives fair compensation. That’s where a Wrongful Death Attorney at Maison Law can help. Our law firm will help you prove your damages by:
- Gathering evidence that a person, business, or government entity was liable for your loved ones injuries and wrongful death
- Recreating the accident using accident reconstruction professionals
- Getting medical specialists to testify on behalf of the decedent’s suffering, as well as your family’s trauma
- Proving that the accident was in no way the decedent’s fault, nor could they have done anything to prevent it
- Filing a claim in court if a fair settlement cannot be agreed upon, and presenting your case in front of a jury
A wrongful death settlement or verdict after a fatal car accident typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. The damages we’ll pursue on behalf of your family include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Do I Have a Wrongful Death Claim for a Fatal Truck Accident in Merced?
Let’s say a person is driving down Route 99 and a semi-truck loses control in front of them and flips over, causing the truck’s trailer to block every lane. They’re unable to stop and are thrown from their vehicle, causing them to lose their life in the hospital weeks later. To prove a wrongful death claim in this fatal truck accident, the plaintiff must prove:
- The truck driver owed your loved one a “duty of care” and breached that duty of care by failing to act in a reasonable way.
- The truck driver’s careless action, or lack of action, was the direct cause of the driver’s death.
In this scenario, perhaps the truck losing control was caused by the roadways being hazardous. Under California’s Premise Liability Law, the government may be liable for the wrongful death of the motorcyclist. They failed to exercise reasonable care if they:
- Failed to maintain and inspect property
- Repair any potentially dangerous conditions
- Give proper warning of dangerous conditions
As you can see, fatal truck accidents can get complicated very quickly. For that reason, it is recommended to consult with a Wrongful Death Attorney at Maison Law before you decide to take legal action.
Evidence Needed in a Wrongful Death Claim
Solid evidence is the foundation of any fatal truck accident claim. At Maison Law, we can help you gather proof necessary to prove your loved one’s life was wrongfully cut short and ensure your family is fairly compensated for this untimely loss. Key pieces of evidence that may be included in a wrongful death claim are:
- Police Reports: police reports can provide an official account of the events that led up to the death and can determine fault, as well as essential evidence.
- Medical bills: medical bills help to document the extent of the medical care received by the deceased, which can be used to establish the financial impact of the wrongful act.
- Autopsy reports: autopsy reports offer vital medical evidence about the cause of death, which is essential in linking the wrongful act with the cause of death.
- Witness statements: witness statements can provide independent accounts of the incident, offering perspectives that may corroborate or dispute the claims made by other parties.
- Photographs or videos of the scene: visual evidence can be critical to reconstructing the event and demonstrating the conditions that led to the wrongful death.
- Expert opinions or testimony: expert testimony can clarify complex issues and provide authoritative opinions on matters such as causation and long-term effects that the family of the decedent will face.
Who Can Bring a Wrongful Death Lawsuit in a Fatal Truck Accident?
Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive payment. Fortunately, in California, there are laws and procedures to ensure that members can claim compensation. According to the Code of Civil Procedure, section 377.60, the following people can be compensated for a wrongful death:
- A surviving spouse or domestic partner: the law requires they were legally married, or legally partnered before the deceased’s accident occurred.
- Children of the deceased: children and stepchildren are permitted to file a wrongful death claim for the untimely loss of their parent.
- Grandchildren: if the children of the decedent have already passed, then grandchildren can file a wrongful death claim.
- Anyone entitled to the property of the decedent: according to California intestate succession laws, intestate succession means any person who has been allowed by the law to inherit the decedent’s property if the decedent did not have a will. These people typically include the decedent’s parents and siblings.
However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they are entitled to compensation.
What Factors Influence a Fatal Truck Accident Settlement?
Settlement amounts in fatal truck 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 “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- 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 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 experienced 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 car accidents can be difficult to predict. With so many variables, no case is the same. 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 all vary in cost on a case-by-case basis. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered. 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
Even if your loved one is found partially at fault, you and your family can still file a wrongful death claim and are still entitled to damages. The legal complexities of a wrongful death lawsuit may seem intimidating, but it is advisable to consult an experienced Fatal Truck Accident Attorney at Maison Law to see what options are available to you.
Contact Maison Law | Merced Fatal Truck Accident Lawyers
At Maison Law, we hold the insurance companies responsible and protect the right to compensation for families who have suffered an unfortunate loss at the hands of a careless driver in Merced. We don’t waste any time in the legal process. We connect you with an attorney, build your case, and get you and your family a fair settlement, so you can take the time to grieve and focus on more important things.
If you’d like more information, our door is always open. Contact us today for a confidential, no-obligation consultation. We’d be happy to help you understand your legal options and offer your our support during this difficult time.
