Maison Law represents the families of victims of fatal truck accidents in Modesto. Every truck accident is going to bring some level of injury, but more often than not, these accidents turn fatal. There’s a variety of reasons for this, but if you’ve lost a loved one, you and your family still have legal rights. Our team can guide you through your options. Contact us today for a free consultation.
Do You Need a Lawyer After a Fatal Truck Accident?
Whenever there’s a truck accident, it’s almost always more serious than a regular car accident. If you or your family has been involved in a fatal truck accident in Modesto, it’s important to have a lawyer to help you through the process. Our team at Maison Law can support you by:
- Figuring out who’s responsible for the accident
- Helping you gather important evidence
- Explaining your legal rights and options
- Guiding you through filing a claim
Every truck accident is different, and we’ll adjust our approach to fit your situation. Having our team by your side can make things easier during such a tough time, so you can focus on your family while we handle the legal details.
Who’s Legally Responsible After a Fatal Truck Accident?
Fatal truck accidents aren’t just tragic; they’re also legally complicated. Determining who is responsible for covering damages can be difficult because many factors are involved. In Modesto, just like in other areas, liability in a fatal truck accident is based on negligence.
However, who is actually at-fault, or legally responsible for paying for the damage, depends on the actual details of the accident and what happened. So, in a fatal truck accident, this liability could fall on one or more of the following:
- Truck driver – Most of the time, the truck driver is going to be held responsible if they were speeding, driving while tired, under the influence, or otherwise negligent.
- Trucking company – The company that employs the driver may also be liable for the driver’s actions while they’re on duty.
- Truck or parts manufacturers – If a defect or faulty part in the truck caused the accident, the manufacturer could be at fault.
- Cargo loader or manufacturer – If improperly loaded cargo led to the accident, those responsible for loading it may be held liable.
- Maintenance crew – If poor maintenance contributed to the accident, the people responsible for maintaining the truck could be to blame.
- Other drivers – Just like any other accident, a third driver could be liable if they were also speeding, distracted, or otherwise negligent and caused the accident.
As you can see, many factors can influence liability in a fatal truck accident in Modesto. While negligence narrows it down, it’s important to look at what your actual options are for recovering damages in this situation.
How Do You Recover Damages After a Fatal Truck Accident?
What sets a fatal truck accident apart is that, obviously, it results in the death of your loved one (or even yourself.) As you might expect, this changes the legal process pretty significantly. Basically, instead of an injury claim, these accidents are handled through “wrongful death” claims. The main difference with a wrongful death claim is that only certain people can file it, like:
- Surviving spouses or domestic partners
- Surviving children
- Parents, siblings, stepchildren, or other family members if there are no surviving spouses or children
- Personal representatives of the estate
Once it’s established who gets to file the claim, the process becomes similar to any other injury claim. It can be filed either outside of court with an insurance claim or through the court system with a lawsuit.
- Medical and funeral expenses – These cover any medical care prior to the death (if there were any) and funeral or burial expenses paid by the family.
- Loss of financial support – These damages cover any money the deceased would have provided to the family.
- Loss of future earnings – These damages cover the salary and benefits the deceased would have earned in the future.
- Loss of parental support – These damages provide financial considerations for the guidance and support the deceased would have given to the children.
- Loss of companionship – This provides financial support for the emotional and social loss of the deceased.
- Emotional distress – This covers costs for the emotional suffering caused by the loss.
Even with legal options, a fatal truck accident is incredibly challenging from an emotional standpoint. At the same time, there’s also important deadlines that you or your family have to meet–most notably the statute of limitations. You still have just two years from the date of the accident/death to file the claim.
What Can You Do After a Fatal Truck Accident to Help Your Claim?
Whether you’re the one that is able to file a wrongful death claim after a fatal truck accident or your family members are, there’s certain things that need to be done to help the claim. Things change when there’s fatal injuries, but nonetheless, an effort still needs to be made to do the following:
- Call 911 – If someone has died, call 911 right away. EMTs will confirm the death and assist with any non-fatal injuries. Their reports will be important for a wrongful death claim.
- Contact the police – The Modesto Police Department (MPD) or California Highway Patrol (CHP) will investigate the accident. They will collect key details that are vital for starting the claim.
- Document the accident – If possible, take photos, get witness statements, and gather contact and insurance information from anyone involved. This evidence can help your case.
- Save all evidence – Keep records like medical bills, funeral expenses, and any financial losses. This shows the full impact of the accident on your family.
Obviously, a fatal accident–specifically a fatal truck accident–is extremely traumatic. This is going to make everything more challenging, including taking these steps. But the fact remains, these steps are necessary because it forms the foundation of a potential claim.
What Can Make a Truck Accident Fatal in Modesto?
While a fatal truck accident is both common and incredibly tragic, there’s nothing really inherent within Modesto that makes them more likely to happen. Like anywhere else, the huge size and weight disparity, dangerous cargo, and simple physics make a truck accident in Modesto much more likely to be fatal if you or a loved one are in a smaller car at the time of the collision.
What is common, though, are what makes them fatal:
- Speeding – High speeds increase the force of impact, making the accident more deadly. Truck drivers may be rushing to make quotas or deliveries, on top of heavy traffic and other factors that contribute to accidents.
- Driver fatigue – Driving a truck can be incredibly grueling, and truck drivers may have slower reaction times or fall asleep at the wheel due to fatigue, leading to fatal accidents.
- Distracted driving – If a truck driver is distracted by a phone or other factors, they may not notice hazards, leading to deadly crashes.
- Poor maintenance – Faulty brakes, tires, or other parts can cause trucks to lose control, resulting in fatal accidents.
- Overloaded cargo – If a truck is carrying too much weight or improperly loaded cargo, it can cause the truck to overturn or lose control.
Again, any truck accident can be fatal, regardless of the underlying cause. What’s important for you to understand is that there’s a legal process in place designed to help you or your family move forward, and our team will be there to guide you through it.
Contact Maison Law After a Fatal Truck Accident in Modesto
Losing a loved one in a truck accident is heartbreaking, and with so many trucks on the road in Modesto, the risk is always there. During these tough times, it’s important to understand how the legal process can help you or your family.
At Maison Law, our team is here to guide you through every step and get the results your family needs. Contact us for a free consultation to learn more.
